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After noting that no narcotics drugs was detected in the forensic examination of samples sent for examination by the police, a Delhi Court has recently acquitted three women accused of possessing smack. The Delhi Police had allegedly recovered 12 grams of smack from each of them and the three accused were arrested near Delhi Gate Metro Station on May 4, 2017.
Special Judge (NDPS) Ekta Gauba Mann acquitted three women charged under provisions of the Narcotic Drug and Psychotropic Substances (NDPS Act). The court noted that during the Forensic examination no Narcotic Drugs nor any Tranquilizers were detected from the samples sent for examination. "Keeping in view the fact that the very foundation for invoking the NDPS Act against any person is that there is a recovery of contraband in the said case. But, in the present case, neither any Narcotic Drugs nor any Tranquilizers were detected in the alleged recovery. So, the provisions of the NDPS Act could not be attracted against the accused persons," the court said in the judgment dated October 28. The court said that Prosecution has been miserably failed to prove allegations beyond reasonable doubts against the accused persons. The court acquitted three women Anju, Lalita, and Monika of the charges framed under the NDPS provisions. The court took note of the forensic science laboratory (FSL) report, and said that the NDPS provisions could not be invoked against the accused. "This erodes the credibility of the entire prosecution case. There is no incriminating evidence against the accused. Thus, the prosecution miserably failed to prove its case beyond a reasonable doubt," the court said. The court said that the Prosecution has not made any public witness to the alleged recovery from the accused at the metro station. No CCTV footage was seized or produced in the court. It shows defective investigation on the part of Investigation officer. Delhi Police had filed the FIR in May 2017. Sample of the alleged recovery of smack were sent to Forensic Science Laboratory for examination. While the FSL result was awaited, Delhi Police had filed a charge sheet against all three accused. On July 21, 2017 charges were framed against all three women under Sections of NDPS Act. An FSL report was filed in the court in May 2018. The predecessor court had framed charges against the accused in July 2017 while the FSL results were awaited. As per FSL report no narcotics drugs or tranquiliser could be detected from the samples. (ANI)
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