Hindustan Times ST (Mumbai)

SPL NDPS COURT ACQUITS WOMAN CAUGHT WITH 8KG MARIJUANA

- Charul Shah

MUMBAI: A special court under Narcotic Drugs and Psychotrop­ic Substances (NDPS) Act recently acquitted a 54-year-old woman, who was allegedly caught carrying 8kg of marijuana, as the anti-narcotics cell (ANC) of the Mumbai Police failed to comply with a mandatory requiremen­t relating to her personal search.

The accused, Sunita Bhave, was caught with 8kg marijuana on September 30, 2014. ANC officers said they had a tip-off about the woman coming to sell marijuana at a bus stop in Goregaon. Accordingl­y, an ANC team laid a trap and arrested Bhave.

The police said they informed her about her rights under NDPS Act and a woman constable searched her in front of independen­t panch witnesses. They also said that they found packets of marijuana from her bag, after which she was arrested.

The defence denied the allegation that Bhave was found in possession of the contraband and claimed that the 54-year-old had nothing to do with the seized consignmen­t. It also pointed out several discrepanc­ies in the prosecutio­n story.

It was argued that the officer who received informatio­n, the woman constable who searched the accused and the independen­t woman panch witness were not examined by the prosecutio­n.

The special court, after going through the evidence, observed that the evidence of police and panch witnesses do not match in respect of appraising the accused about her right and acquitted the woman.

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