Mumbai Driver Acquitted After Spending Three-And-A-Half Years In MD Case

Mumbai: After having spent three and a half years in prison for alleged possession of 215 grams of Mephedrone (MD), a 37-year-old driver from Tardeo, Danish Shaikh, was acquitted by the special NDPS court on Thursday, questioning the fairness and transparency of the investigation of the Anti Narcotic Cell (ANC).

Shaikh was apprehended allegedly by a team of ANC who were on patrolling duty on October 20, 2022. At 21:00 hours, the team allegedly noticed Shaikh standing near Bandra court in suspicious circumstances. When the team questioned him, he allegedly gave evasive answers. Shaikh had a bag, in which the police found a bag containing 215 grams of MD.

The prosecution had claimed that the contraband was confirmed to be MD. The prosecution examined total weight witnesses and said that the accused was found in conscious possession of the banned substance.

Shaikh’s lawyer, Dilip Mishra, however, contended that all the witnesses were police personnel and interested witnesses and there is no reliable independent corroboration to support the alleged recovery. Mishra had contended that Shaikh was, in fact, at his residence on October 20, 2022, and was picked up from his house at about 11:15.

The court considered all the evidence presented before it and found several loopholes in the prosecution case. It was noted that there were inconsistencies in testimonies of the witnesses on sealing and seizure of the contraband.

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The prosecution has also failed to explain why no drug testing kit was used at the spot despite availability thereof with the raiding team, the court noted, adding that, “No investigation was conducted regarding alleged customers, suppliers or nexus of accused with narcotic trade. No attempt was made to trace the source of contraband. The prosecution also failed to record statements of both storekeepers during investigation despite their role in custody of muddemal. Station diary extracts regarding departure and arrival of the raiding party were also withheld. These lapses create a serious dent in the prosecution story and adversely affect credibility of the investigation.”

The court further said that though police had seized Shaikh’s mobile phone, the Investigating Officer admittedly failed to collect and place on record tower location details, CDR or SDR analysis of the said mobile phone. “Such electronic evidence assumes considerable importance, particularly when the defence has raised a plea of false implication and illegal detention prior to alleged seizure. The withholding of best available electronic evidence, which could either corroborate or falsify the defence version, gives rise to an adverse inference,” the court said, acquitting Shaikh.

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