A special NDPS court has acquitted an accused in a case involving the alleged transportation of 200 kg of ganja, citing major flaws in the prosecution’s case.

The case was heard by Anand Prakash, Additional Judicial Commissioner-III-cum-Special Judge, NDPS.

Case Brief:

As per the prosecution, on January 17, 2022, the police received secret information that a white Bolero vehicle carrying illegal contraband was moving from Ranchi Ring Road towards Ramgarh.

A check post was set up, and when the vehicle approached, the occupants allegedly stopped the car a short distance away and tried to flee. While two persons escaped, the present accused was claimed to have been caught. The police said they recovered 200 kg of ganja from the vehicle.

During the hearing, the court found that the prosecution could not prove its case beyond reasonable doubt.

The informant failed to recall basic details such as the date of the incident, the vehicle number, the ownership of the vehicle, or even the clothes worn by the accused. No other witness supported the claim that the accused was apprehended at the spot.

The court also questioned the police explanation that rats had eaten the seized ganja while it was stored at the police station, observing that this raised serious doubts about the seizure and handling of the contraband. The statements of the prosecution witnesses contained several contradictions on key facts such as the time and place of the incident and details of the vehicle.

The court noted that there was no evidence linking the accused to the seized vehicle. The police failed to trace the vehicle’s owner, produce any vehicle documents, or show that the accused was driving the vehicle. There were also no photographs showing the accused with the vehicle, and no update was provided on the investigation against the two accused who had escaped.

In view of these shortcomings, the court held that the prosecution failed to establish the guilt of the accused and acquitted him, directing his release