How legal lapses led 6 suspects walk free in major ganja smuggling case after 8 years
Hyderabad: After eight long years, Nampally local court in Hyderabad has acquitted six individuals charged with possession and distribution of large quantities amounting upto 140 kgs of ganja by Chilkaguda police of Hyderabad commissionerate. The court observed significant ‘procedural lapses’ and ‘insufficient evidence’ presented by the prosecution on Wednesday.
The case, which dates back to 2017, involved the seizure of over 140 kilograms of ganja and the arrest of six persons – Sadda Hari Krishna, Mekala Dhanaraj, Pole Srisailam, D.Jalander, Boya Ravi and Ch.Swamy hailing from Andhra Pradesh. Going further into, on Feb, 4, 2017, on receipt of credible information about illegal possession Narcotic Drugs by six persons illegally at Seethapalmandi, K.Srinivasulu then Chilkalguda inspector reportedly informed his superior officers and obtained permission for the search, seizure and to arrest the persons, if found in possession of such Drug. Subsequently K Srinivasulu along with police personnel and two mediators P. Sanjeevi Mudiraj and Mohd. Abdul Shareef rushed to Seethapalmandi. After reaching the area at around 8.20 A.M.the team found the Six suspects and on seeing police, they tried to run away. Alerted police team successfully nabbed the six suspects on enquiry, they disclosed their identity and admitted that they are in possession of Ganja.
During the raid, the police claimed to follow protocol under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, informing the suspects of their right to be searched in the presence of a Gazetted Officer or Magistrate. The suspects consented to a search by a Gazetted Officer, leading to the involvement of L. Raja Venkata Reddy, then Inspector of Task Force, West Zone, Hyderabad commissionerate who conducted the search. The police seized substantial 140 kgs of ganja from the accused, investigated and filed a chargesheet.
Court finds faults in investigation
The court observed that “on careful perusal of above evidence, it discloses that there are several procedural and legal lapses on the part of the Investigating agency”. The court highlighted the prosecution’s inability to secure independent Gazetted Officers for the search, despite the incident occurring during daytime in a well-populated area, L. Raja Venkata Reddy is a Gazetted Officer, he belongs to the same Department. And both the mediators turned hostile.
Further the court highlighted that contraband was seized in February, 2017 and it was deposited before the Court in June, 2019 after a delay of two years violating the rule of NDPS Act. As per the records, it shows that the samples were sent for the analysis in March 2017 and the Chemical Analysis report was issued by the Forensic Science Laboratories in May, 2017. However, the record shows that the Investigating Officer has filed a requisition before the Court in April, 2018 that is after fourteen months of seizure of the contraband, to certify the inventory and drawing representative samples before the Magistrate. Accordingly, the Magistrate, Hyderabad, has certified the inventory, taking photographs and the drawl of samples on June, 2019.
As per NDPS act, it is mandatory for the Investigating Officer to file an application before the Magistrate soon after the seizure of contraband, to certify the correctness of the inventory prepared by him, to take photographs of seized drugs and to draw representative samples in the presence of the Magistrate and to obtain the certificate of correctness of the list of the samples so drawn.
“Here the course adopted by the Investigating Officer is totally different and strange. First he had drawn the samples and after more than two years, he got certified the inventory and has drawn the representative samples that too when the seized property does not contain the panch slips showing the signatures of mediators. This aspect raises a serious doubt about the seized property,” observed the court.
In its judgment, the court noted the numerous procedural and legal lapses, including the tampering of evidence and non-compliance with mandatory provisions of the NDPS Act. The confessions of the accused, deemed inadmissible, coupled with the hostile witnesses and questionable handling of evidence, led the court to conclude that the prosecution failed to establish the guilt of the accused beyond a reasonable doubt.
Further,in its judgment the court found the Six accused not guilty for the offences under NDPS Act and accordingly they were acquitted. The bail bonds of the Six accused will be discharged after expiry of appeal time. The samples of Ganja shall be forwarded to Drugs Disposal Committee for disposal after the expiry of appeal time.
