Procedural lapses: Mohali court acquits accused in NDPS case
Mohali, Jan. 14 -- A local court on Tuesday acquitted an accused who had been facing trial in a narcotics case registered in 2018 at Banur police station, granting him relief after nearly six years of legal proceedings.
Harjit Ram had been booked under Section 21 of the NDPS Act. The case stemmed from an alleged recovery of intoxicant tablets and capsules during a police operation near the toll tax barrier, Banur.
According to the prosecution, on July 7, 2018, ASI Sukhdeep Singh, along with other police officials, was present near the toll barrier when they noticed the accused and a woman approaching from the Tepla side. The police claimed that the accused attempted to turn back on seeing the police, arousing suspicion. After apprehending them and conducting a search, the police claimed to have recovered 10,800 Lomotil tablets, 264 Spasmo Proxyvon capsules and 525 Becalm tablets from their possession. The forensic science laboratory report stated that the recovered substances contained Diphenoxylate Hydrochloride, Tramadol Hydrochloride and Alprazolam. Since the quantity of Lomotil tablets fell under the commercial category, the accused had earlier been denied bail.
During the trial, the defence challenged the prosecution's case, arguing that the police failed to strictly comply with mandatory provisions of the NDPS Act relating to search, seizure and arrest. The defence also highlighted discrepancies in the prosecution evidence and the absence of independent corroboration. After hearing both sides and examining the evidence on record, the court held that the prosecution failed to prove its case beyond reasonable doubt....
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