Mumbai: Special NDPS Court Acquits 2 In 5 Kg Charas Case, Cites Procedural Lapses And Doubtful Evidence

Mumbai, July 9, 2026: The Special NDPS Court has acquitted a man and a woman who were allegedly caught with 5 kg of charas in May 2019, finding several loopholes in the prosecution case. The two, after having spent seven years in prison, have been given the benefit of the doubt and acquitted by the court.

Girishkumar Varma and Sudha Tiwari, both residents of Antop Hill, were arrested by Khar Police on May 22, 2019, on the basis of specific information.

The two were intercepted after the police received information that Varma and Tiwari, who hailed from the same village, were to reach a particular spot to sell charas. The police apprehended them and allegedly recovered 5 kg of charas from them.

Defence Raises Procedural Lapses

Defence lawyers Ayaz Khan and Anil Lalla argued that the police had failed to comply with the mandatory provisions and procedure while arresting the two accused.

The court noted that the documents related to the arrest presented by the prosecution “do not bear any specific endorsement of the accused acknowledging that they were apprised of their right to be searched before a Magistrate or Gazetted Officer.”

Further, one of the panch witnesses claimed that while Tiwari was being searched physically, officer Daya Nayak entered the van, which the court said violated the provisions of the law.

Besides, the court noted that one of the panch witnesses turned hostile and said he was at his residence and did not act as a panch witness in the case.

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Benefit Of Doubt Granted

“Discrepancies in labelling and sealing (of the contraband), coupled with unreliable panch evidence and lack of independent corroboration, create reasonable doubt about the prosecution case,” the court said while acquitting the two.

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