Chennai cops’ 678-day delay in producing seized ganja results in acquittal

CHENNAI: Taking note of the 678-day delay on the part of Greater Chennai Police in producing ganja allegedly seized from an accused, the trial court raised questions about the possibility of manipulation and acquitted the accused on Tuesday.

The Aminjikarai police arrested B Mohan (24) for possession of 1.3 kg of ganja near Arunachalapuram on November 20, 2020. Sub-inspector R Ayyanar claimed that he received a tip-off and went to the scene with a team and secured Mohan and seized the ganja.

But when the case came up for trial before the special court for Narcotic Drugs and Psychotropic Substances (NDPS) Act cases, Mohan's counsel put forth several infirmities, including the long delay in producing the seized contraband before the court. As per procedure, the arresting officers are required to draw samples from the bulk seizure and produce it before the judicial magistrate during remand.

"The sample alleged to have been drawn in the spot was not produced before the judicial magistrate during remand. In fact, it was produced before the trial court only on October 17, 2022, after a delay of 678 days," Special Judge S Hermies noted. The police offered no plausible explanation for the failure to produce the seized ganja before the judicial magistrate and also the delay in producing the case property before the trial court.

"Where it was retained during the entire period has not been satisfactorily explained. The possibility of manipulation has not been dispensed with," said the court.

There were other technical discrepancies in Aminjikarai police's paperwork that did not sit well with the court, which pointed out that mandatory requirements were not adhered to. "The recovery alleged to have been made in the scene of occurrence is highly suspicious. There are glaring inconsistencies and contradictions. The infirmities in the case of prosecution should go in favour of the accused," said the judge and held Mohan not guilty of the charges.