Man acquitted in drugs case as policemen give different versions

According to the prosecution case, on December 23, 2023, police naik Dattatray Govilkar from Worli unit of the Anti-Narcotic Cell (ANC) received information that a man, identified as Faiyaz Shaikh, would come to Mahim to sell marijuana. Based on the information, the police began looking for Shaikh

Mumbai: A special NDPS (Narcotic Drugs and Psychotropic Substances Act) court on Friday acquitted a Jogeshwari resident, who was arrested for allegedly possessing 15 kg of marijuana, as the two constables – first being the complainant and the other who investigated the case – gave different versions of the seizure of the contraband material.

HT Image

According to the prosecution case, on December 23, 2023, police naik Dattatray Govilkar from Worli unit of the Anti-Narcotic Cell (ANC) received information that a man, identified as Faiyaz Shaikh, would come to Mahim to sell marijuana. Based on the information, the police began looking for Shaikh.

When Shaikh arrived at Mahim, the police team, which included Govilkar and head constable Madhukar Shingate, who investigated the case, cornered him and searched him. Upon search, the police found 15 kg of marijuana in Shaikh’s possession. The search and seizure were conducted in the presence of panch witnesses. He was taken into custody and two samples of 25 grams each were prepared and sent for forensic examination.

During the trial, the prosecution could not bring the panch witnesses for recording their testimony before the special NDPS court. Hence the prosecution relied on the testimony of Govilkar, Shingate and the chemical analyser who had tested the samples sent by them.

During the cross-examination of Govilkar and Shingate, defence lawyer Munira Palanpurwala asked both as to who seized the contraband, prepared samples and how it was stored. Both Govilkar and Shingate in their testimony gave different versions while replying to the lawyer’s queries.

Govilkar said when the contraband was seized, samples were drawn by police inspector Sangle and samples were drawn in a brown colour envelope. However, Shingate deposed that samples were prepared by him and were kept in a pista-coloured envelope.

Thus, the court said, that in the absence of independent panch witnesses, the testimony of these two officials cannot be relied upon in view of the different versions presented by them. Hence, the court said it cannot be concluded that the accused was found in possession of marijuana weighing 15 kg.