Mixing of samples of contraband tablets does not vitiate the case: HC

The Bombay High Court ruled that mixing contraband tablets during seizure does not invalidate prosecution under the NDPS Act, differing from powdered samples.

MUMBAI: The Bombay high court recently ruled that mixing of contraband samples during seizure, especially in tablet form, does not invalidate the prosecution case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court observed that such a procedure does not violate the evidence, as per the prescribed law, unless the contraband seized is in the form of powder.

Mixing of samples of contraband tablets does not vitiate the case: HC

On October 17, 2022, an intelligence note was generated regarding a consignment to be received by a certain Sandeep Himmatlal Pithadia, through courier services, at the Aircargo Complex of International Airport, Mumbai, on October 20, 2022. Pithadia was taken into custody along with two others, after a controlled operation was conducted by the Directorate of Revenue Intelligence (DRI).

During the course of operation, contraband of 6-7 pouches, in the form of tablets of different colours, were recovered. After the seizure of the contraband, the authorities placed the tablets in a single pouch for chemical examination. It was argued by Pithadia that the mixing of contraband vitiated the case and rendered the evidence unreliable.

Advocate Ajay Laxman Bhise, representing Pithadia, submitted that the ‘panchnama’ shows that the tablets, found in seven grey pouches in the parcel, were all mixed together and placed in a sealed transparent pouch, thereby vitiating the case and raising questions on the integrity of the samples. He also said the tags attached to the sample bore a file number, which was decided prematurely, raising concerns of procedural irregularities.

The court, presided over by justice Manish Pitale, granted bail to Pithadia for prolonged incarceration and dismissed the contention of violation of integrity of the contraband, as being in the form of tablets of different colours, mixing these cannot be equated with mixing of powders.

“Mixing of the said tablets prima facie cannot be equated with mixing of powder and therefore, this court is unable to accept the contention raised on behalf of the applicant that all the tablets from the 7 grey pouches being emptied into one sealed transparent plastic pouch necessarily vitiated the case of the prosecution,” the court said.

As per the question raised on the premature filing number, the court stated that it was generated for seizure of drugs and articles under the ‘panchnama’ and further investigation and correspondences in the matter.