Mumbai, Dec 24: A special NDPS court has convicted 29-year-old Mankhurd resident Bablu Gupta for possessing bottles of Chlorpheniramine Maleate and Codeine Phosphate syrup, seized in January 2022.
Minimum sentence of 10 years RI imposed
While holding him guilty, the court imposed the minimum sentence of 10 years’ rigorous imprisonment and a fine of Rs 1 lakh, noting that the alleged drug supplier in the case had already been discharged.
The court observed that although the source of the contraband could not be established, possession was proved beyond doubt.
Court cites age and reformative prospects
Taking into account that Gupta is young, a first-time offender and has chances of reformation, the court said it was inclined to award the minimum punishment prescribed under the law.
ANC patrol leads to seizure on New Year’s Eve
According to the prosecution, on December 31, 2021, a team from the Anti-Narcotics Cell (ANC), Azad Maidan Unit, was on patrol when it spotted Gupta near the BMC Udanchand Kendra around 11.40 pm, allegedly waiting with a blue bag with yellow stripes. He was intercepted and searched.
136 bottles of codeine-based cough syrup recovered
The bag was found to contain 136 bottles of Morcerex cough syrup (100 ml each), with each bottle containing 10 ml of Codeine Phosphate, a narcotic substance.
Eight witnesses examined during trial
Public prosecutor Shankar Erande examined eight witnesses, including members of the raiding team and a chemical analyser. The defence challenged the seizure, alleging procedural lapses and non-production of the contraband before the court.
Court rejects defence plea on procedural lapses
Rejecting the defence arguments, the court held that due procedure had been followed and that production of the entire seized material was not mandatory, particularly when an inventory had been prepared before a magistrate.
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Conscious possession proved beyond doubt
The court concluded that the prosecution had proved conscious possession, adding that under such circumstances, the law permits presumption of the accused’s mental state.
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