Panchkula: Police delay helps 23-year-old walk free in drug case
As per the prosecution, the recovery of contraband was made on April 9, 2021, whereas the sample was sent for analysis on April 13, 2021, after a delay of four days
A delay of four days in sending seized drug samples for chemical analysis by police facilitated acquittal of a 23-year-old arrested in a drug case in 2021.
“The delay of four days in sending the sample to the office of Forensic Science Laboratory (FSL) and non-preparation of CFSL form at the spot must prove fatal to the case of the prosecution as the possibility of tampering with the sample could not be ruled out,” pointed out the court of district and sessions judge, Ved Parkash Sirohi, while acquitting Sonu, a resident of Kalka.
Sonu, was arrested with 1.3 kg cannabis on April 9, 2021, by Panchkula crime branch in Tipra village, Kalka. Sonu, who was holding a polythene bag, came from Ghatiwala village side. On seeing a police party present there, he tried turning back only to be apprehended. On checking the polythene bag, police allegedly found cannabis. A case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act was registered at the Kalka police station.
As per the prosecution, the contraband was recovered on April 9, 2021, whereas the sample was sent for analysis on April 13, 2021, after a delay of four days.
According to the Narcotic Control Bureau instructions, the sample should have been deposited within 72 hours with the chemical examiner. Thus, the delay in submitting the sample to FSL proved fatal to the prosecution’s case.
“The prosecution has not given any explanation for withholding of the sample for four days which is a serious lacuna in the prosecution case,” pointed out the court.
Not just this, the prosecution also failed to join independent witness at the time of recovery of the contraband.
The court in its order said, “The spot of recovery is a place which is frequently visited by local villagers and other persons. Thus, non-joining of any independent witness casts a serious doubt in the prosecution story.”
