A 39-year-old auto driver Sahil Hussain Shaikh, a resident of Bhawani Peth was acquitted by a special NDPS court in Pune on Saturday for alleged possession of 3 kgs of charas two years ago. District judge DP Ragit in his order stated that under the facts and circumstances and appreciating the evidence of prosecution witnesses, it transpires that the prosecution has not made the mandatory compliances including Section 50 of the NDPS Act at the time of the raid and search of Hasham Pan Stall.
The order further said that the prosecution has failed to prove the seizure of 15 packets each of 200 gms of alleged Banta tablets i.e. charas from the possession of the accused at Hasham Pan Stall, Raviwar Peth. Moreover, the prosecution has failed to prove the nexus of the accused with the Hasham Pan Stall.
According to assistant public prosecutor SS More, on February 3, 2021, while on patrolling duty, sleuths of the anti-narcotics cell of the Pune crime branch led by SPI Prakash Khandekar received information regarding the illicit sale of Banta commonly known as Bhang at Hasham Pan Shop.
Accordingly, a raid was conducted, and 6 kg Banta tablets packed in plastic packets inscribed with ‘Om Shivshankar, Nit Pharma, Ayurvedic Aaushadhi, Anandvan Churna’ were seized from the said pan shop. An offence u/s 65(e) of the Maharashtra Prohibition Act was registered at Faraskhana Police Station against the accused, who was subsequently released on bail. But when the sample from the seized material was sent for Chemical Analysis, it was later found to be charas.
The accused was re-arrested on January 12, 2023, and a chargesheet was filed before the Sessions court, Pune. To prove the alleged offence against the accused, the APP relied on the informant, raiding squad member, panch and investigating officers as prosecution witnesses.
{{/usCountry}}The accused was re-arrested on January 12, 2023, and a chargesheet was filed before the Sessions court, Pune. To prove the alleged offence against the accused, the APP relied on the informant, raiding squad member, panch and investigating officers as prosecution witnesses.
{{/usCountry}}Defence advocate Hafizuddin Kazi argued that the cops initially registered the offence u/s 65(e) of the Maharashtra Prohibition Act and later charged the accused u/s 8(c) r/w 20(b) of the NDPS Act. However, they did not obtain a search warrant from the concerned authority nor carried the search and seizure in the presence of a Gazetted Officer or an Executive Magistrate as per the provisions of Section 50 of the NDPS Act, which thus makes the search and seizure illegal and unreliable.
The prosecution also failed to establish the nexus of the accused with Hasham Pan Stall.