Man cleared of drug peddling charges over discrepancies in seals
Bandra resident Salim Shaikh alias Salim Langda, 43, was arrested by Bandra police on December 25, 2017, for alleged possession of MD weighing 110 grams
Mumbai: The special Narcotic Drugs and Psychotropic Substances (NDPS) court recently acquitted a man booked for supplying drugs on New Year’s Eve in 2017, holding that the contraband material purportedly seized could be part of some other case because of discrepancies in the seal on samples, registered entries and the seized contraband.
Bandra resident Salim Shaikh alias Salim Langda, 43, was arrested by Bandra police on December 25, 2017, for alleged possession of MD weighing 110 grams. It was recovered from the right side pocket of his jeans found during the search. The police had claimed that Langda was caught based on secret information that he was selling drugs for new year parties.
The police said two samples weighing 5 grams each were taken from the seized contraband and kept separately. The samples and the remaining substance were sealed separately under panchanama.
Langda’s lawyer, advocate Taraq Sayed, argued that the evidence collected by the prosecution was not at all convincing and reliable, as there were discrepancies in the brass seals used by the police during and after the raid.
The defence pointed out that on FIR, pre-trap panchnama, post-trap panchnama, other exhibits and also on the blank forms which were sent to forensic lab for chemical analysis – the brass seal used was having English inscription – Bandra police station, Mumbai, but the forwarding letter which was sent to the lab had a seal in Marathi inscription. The defence further pointed out that the police station was only given one seal – in Marathi inscription.
Hence, the defence argued that the sample obtained during panchanama and one sent for chemical analysis were different or tampered with and therefore a case of the prosecution cannot be relied upon as there were discrepancies in the seal put on these samples.
Besides, the expert who analysed the contraband, pointed out that the weight of the sample at the time she examined was 8.5 gm against the weight claimed by police to be 5 grams. Besides she also admitted that in the form submitted to the forensic laboratory the police had mentioned that the powder was yellowish, whereas the powder in the sealed sample was white.
The defence also pointed out that the numbers written on the packets of samples and packets of the sealed seized contraband were different than their corresponding entries made in the concerned police register.
Therefore the court while acquitting, Langda held, “on perusal of the evidence of IO (investigating officer) as well as perusal of documents it revealed that as per the case of the prosecution, they had carried only one brass seal. As per the documents of FIR, pre-trap panchanama and seizure panchanama, the seal which was carried was having inscription “BANDRA POLICE STATION, MUMBAI” in English and the same seal was put on all the exhibits which were seized and was also put on the blank forms to be sent to the chemical analyser. However, forwarding letters sent to the C.A. bear seal impression having inscription in regional language (Marathi).”
“Further in data sheet also description mentioned is - off white crystalline powder in a stapled press sealed polythene bag and was also labelled as “BANDRA POLICE STATION, MUMBAI” in regional language. Therefore, serious doubt is created about the story of the prosecution regarding sealing, stapling and forwarding the sample to C.A. Therefore, entire case of the prosecution comes under clouds of suspicion,” the court observed.