CHENNAI: A person accused of smuggling ganja lately walked free after a metropolis court threw out the case as Chennai police had borrowed a fruit vendor’s weighing scales to measure the narcotic seized as an alternative of utilizing their very own tools as mandated by regulation.
Sub-Inspector Palani, who led the raid, initially reported to his superiors that his crew had the mandatory weighing balance. However, in court, he admitted beneath cross-examination that they’d used a store’s scales. The outcome: Ashok Kumar alias ‘Kakka’ Kumar walked free. The seizure came about on Nov 11, 2019, at LGN Road-Gopal Dass Road junction following a tip-off that Kumar was in possession of ganja. Police searched him within the fruit market and claimed to have seized 1.5kg of ganja.
After the seizure, 50 grams of ganja have been despatched to a forensic lab, whereas the remaining amount was packed and sealed. However, police took 61 days to submit the seized narcotic to the court, elevating doubts concerning the integrity of its dealing with. The NDPS Act mandates that police ought to carry their very own weighing machines, testing kits, and packing supplies to make sure correct proof assortment on the scene of seizure. The trial court cited contradictions within the prosecution’s proof and dominated in favour of the accused. Principal Special Judge S Hermies discovered the restoration course of unreliable and dismissed the case.
This is not an remoted case – Chennai police have repeatedly skipped carrying weighing machines, resulting in acquittals. During a trial in the identical court final Oct, Kilpauk police borrowed a store’s scales to weigh two kg of ganja seized close to Ega Theatre.
“Police and customs measure exact weights only in major seizures (in tonnes) at transit hubs such as airports or ports. In other cases, they record a convenient figure at the station, a practice defence lawyers often challenge in court,” alleged advocate R Gopi.