New Delhi, Oct 30 A court here has convicted a woman under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after finding that she was in possession of over 2 kg of ganja (cannabis), and rejecting her claim that the contraband had been planted on her by police.
Special Judge (NDPS) Kumar Rajat convicted Asma under Section 20(b) of NDPS Act pertaining to possession, sale, purchase and transport of cannabis, holding that the prosecution had proved its case beyond reasonable doubt.
In an order dated October 24, the court said the accused had failed to rebut the presumptions under Section 35/54 of NDPS Act and did not examine any witness in defence.
Further, no defence was established on record by the accused, who only denied the incriminating evidence brought against her, the court held.
It said the woman was found in possession of 2.015 kg of ganja, an intermediate quantity. “The prosecution has proved its case beyond reasonable doubt against accused Asma that she was in possession of ganja of intermediate quantity in contravention of Section 8 of the NDPS Act.”
According to the prosecution, on February 17, 2022, a police team received information that Asma was allegedly supplying ganja in Hazrat Nizamuddin area.
A raiding team apprehended Asma near Neela Gumbad in Khusro Park area and recovered a bag containing the contraband from her possession. The substance weighed 2.015 kg and was subsequently sent for forensic examination. The Forensic Science Laboratory confirmed that the recovered material was ganja.
During trial, the accused denied the allegations and claimed that she had been falsely implicated, and police had planted the contraband on her.
Her counsel also questioned the investigation, citing the absence of independent witnesses, alleged procedural lapses and discrepancies in the weight of the recovered substance.
Rejecting the defence arguments, the court said the prosecution witnesses had consistently corroborated the recovery and seizure proceedings.
The court held that the absence of independent witnesses did not undermine the prosecution’s case when the testimonies of police officials were consistent and corroborative.
“The minor variations in the depositions of the witnesses, which do not go to the root of the case, hardly affect the credibility of the prosecution’s case,” the judge said.
It also noted that the difference in weight between the initial seizure and the subsequent production of the substance before a magistrate was minor and insufficient to establish tampering.
The court further held that the prosecution had complied with the mandatory provisions of the NDPS Act and the accused had failed to rebut the statutory presumptions under Sections 35 and 54.
The court listed the matter to hear arguments on quantum of sentence for a later date.
(PTI News)
