Special court acquits two accused as police losses 3.3 kg of seized ganja

CHENNAI: A special court in Chennai acquitted two accused as the prosecution submitted that seized contraband was destroyed in heavy rain.

The II additional special court handling cases under the NDPS Act observed that the prosecution has failed to prove the recovery of contraband.

The prosecution has to establish the prima facie case beyond a reasonable doubt. As per sections 53 and 54 of the NDPS Act, unless the possession of the contraband is proved, the court may presume that the possession of the accused is illegal, observed the court. The prosecution failed to prove the case against the accused beyond a reasonable doubt, observed the court, and acquitted the accused.

The Public Prosecutor appeared for the police said that even the defence couldn't cull out any material discrepancy in the evidence, however, the evidence of the scientific officer and his report to the prosecution proved that the seized material is ganja. Hence the court found the accused not guilty and acquitted them.

According to the prosecution the accused Malarmannan, Muthu, and Raji were found in possession of 3.300 kilograms of ganja on October 25, 2007, at Walltax Road, Chennai. Hence, the police team from Elephant Gate police station arrested the accused under 8 (c) r/w 20 (b) II (B) of NDPS Act.

While Malarmannan charge abated in February 2019, the remaining two accused were produced before the court. The counsel for the accused contended that the safe custody of the contraband was not established before the court and sought acquittance for both accused.