The special NDPS court has acquitted 39-year-old Sajid Choudhary
resident of Sewree, booked in January 2024 by Chembur police after he
was allegedly found with 14 bottles of Phensirest cough syrup. The
court acquitted him, holding that the seized quantity constituted a
prohibited quantity under the law.
It is claimed that On January 16, 2023, a team of Chembur police
station was patrolling to keep a check on narcotic related activities
in the area. At about 8:30 pm, the team of officers reached a fast
food corner located near Subhash Nagar. The team at that time noticed
the accused carrying a white nylon bag and behaving in a suspicious
manner.
The man identified himself as Sajid Choudhary. When police searched
the bag, it contained 14 bottles of Phensirest cough syrup. The
prosecution claimed that upon careful examination of the said bottles,
it was found that each bottle contained Codeine Phosphate. Thereafter,
all 14 bottles were packed in a carton box and sealed with cello tape.
The police when confronted about the license for the medicines or the
purpose of carrying such medicines, Choudhary allegedly could not give
any reply. Hence he was prosecuted for possession of a narcotic
substance.
The prosecution had during the trial examined seven witnesses and
contended that the accused was found in possession of a narcotic
substance. The defence lawyer Devashish Dhanjode, had denied the
allegations.
The court however, accepted the contention that the defence had said,
“the prosecution has not adduced any convincing evidence to establish
conscious possession and intention to sell the alleged contraband
beyond reasonable doubt. Except alleged oral disclosure attributed to
the accused before police officers, there is no independent evidence
to establish that the accused was carrying the bottles for sale or
trafficking purpose.”
“No customer, no call detail records, no licence verification report
and no investigation regarding source of procurement of cough syrup
bottles has been placed on record. Admittedly, the seized bottles were
medicinal cough syrup bottles and not pure narcotic substance,” the
court said adding that though the Chemical Analyzer opined presence of
Codeine, the prosecution failed to establish actual quantity of
narcotic content contained therein and whether the seized quantity
constituted prohibited quantity as per the law.
The investigation appears to have been conducted in a casual and
perfunctory manner without ensuring strict compliance of mandatory
safeguards contemplated under the statute, the court said acquitting
Choudhary.
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