Lapses in probe & unexplained delay: Man let off in drug case

A Delhi court has acquitted a man arrested for allegedly possessing 130 gms of contraband, saying there were various lapses in the probe and an "unexplained delay of 41 days" in sending sample for forensic examination.
Special Judge Sanjay Sharma acquitted Surender Kumar, a resident of Firozabad district in Uttar Pradesh, of the charges punishable under provision of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
"In view of non-compliance of section 42 of the NDPS Act, the discrepancies/lapses in the case and unexplained delay of 41 days in sending sample to Forensic Science Laboratory(FSL), the prosecution can be said to have miserably failed to prove its charge against accused Surender Kumar," the judge said.

The court said that alleged recovery of contraband from Kumar was done on June 2, 2007 and its sample was sent to the FSL for examination on July 16, 2007.
"The prosecution has not explained such inordinate delay of 41 days in sending sample parcel for chemical examination. Such unexplained delay can be held fatal to the case of the prosecution," it said.
The court noted that no public witnesses were made to join the probe, saying though shopkeepers were present near the spot, no genuine effort was made to join them.

"Accused was not apprehended from a secluded place. However, Investigating Officer preferred stray passengers and passers-by to shopkeepers," it said.

The court said although Kumar was arrested on the basis of a tip-off, the secret information was not passed on to the superior police officer in writing as mandated under law.
"The secret information received was not sent to senior officer of police within 72 hours and as such, there is non-compliance of mandatory provision of Section 42 of the NDPS Act," it said.
According to prosecution, on June 2, 2007 Kumar was apprehended by Delhi Police near Sewadham Road here with 130 gram smack which he had allegedly come to sell to a person.
Kumar had pleaded innocence before the court and said the contraband was planted on him by police personnel as he had refused to pay them Rs 40,000 after he was detained following a quarrel with his neighbour.