Mumbai: NDPS Court Acquits Man In Phensirest Cough Syrup Case, Calls Investigation 'Casual'

Mumbai: A special NDPS court has acquitted a 39-year-old man from Sewree, who was booked by the Chembur police in January 2024 for allegedly possessing 14 bottles of Phensirest cough syrup. The court held that the prosecution failed to prove conscious possession and that the quantity did not clearly fall under a prohibited category.

According to the prosecution, on January 16, 2023, Chembur police on patrol noticed the accused, Sajid Choudhary, near a fast-food stall in Subhash Nagar carrying a suspicious nylon bag. On searching it, they allegedly found 14 bottles of Phensirest cough syrup containing Codeine Phosphate. The bottles were seized and sealed on the spot.

Police said he could not produce a prescription or explain possession, leading to his arrest under the NDPS Act. Seven witnesses were examined during trial, while the defence denied the allegations.

However, the court noted there was no independent evidence of intent to sell or traffic, no supporting records like customers or call detail records, and no proof of procurement source. It also observed that while Codeine was detected, the prosecution failed to establish actual narcotic content quantity. The court termed the investigation casual and acquitted him.

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