Police add 6 kg ganja to seized 230-kg bags; court acquits suspects
The quantity variation found is very high, creating a reasonable suspicion about the seized property itself. The actual quantity is 230 kg, but it was 236.58 kg during the proceedings under Section 52A (during the destruction of the seized drug in the presence of a magistrate) of the NDPS Act, special judge for NDPS cases M Rajalakshmi said.
In addition to that, according to the case of the prosecution, two samples were taken from all five bags, each containing 50 grams.
Out of the two samples taken from five bags, one sample from each pair was sent for analysis to the forensic science laboratory, the court said.
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According to the evidence given by the deputy director of the laboratory, the contraband is dry ganja, and hence there is no possibility of an increase in weight, she added. The court further pointed out that there was a delay of six days in sending the contraband recovered from the accused to the court, and meanwhile, the properties were kept in the police station.
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"Even though the delay of six days is not so enormous, coupled with the evidence given by PW6 (DSP) that the seized contraband was kept in the police station without a seal and the huge variation in the quantity of samples and the bulk quantity recovered from the accused create a serious doubt whether the property produced before this court was actually recovered from the accused," the court wondered.
Since the prosecution did not succeed in proving the possession of contraband by all accused, nothing can be presumed by the court under the NDPS Act, the court said and acquitted all four accused.
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