The special NDPS court has sentenced a man to 10 years imprisonment who was caught red-handed selling 300 gram of Mephedrone (MD) in January 2021. The court has also imposed a fine of Rs 1 lakh on John Joseph, a resident of Vasai.
The special judge AV Kharkar, while convicting Joseph said, “The quantity of contraband seized is very high (300 gram), as it cannot be for self-consumption and is necessarily for distribution to vulnerable victims.”
Joseph was arrested on January 12, 2021, based on secret information. It was stated that police officer Sunil Mane, who is presently in prison for his role in the Antilia bomb scare case, received information when he was posted at crime branch unit 11, at Kandivali, about Joseph.
A trap was arranged and Joseph was caught with a bag containing MD. Samples were drawn and sent for forensic examination, which confirmed the contraband. The police had also arrested one more accused Mohd Aarif Eliyas Shaikh based on the statement of Joseph. Shaikh; however, was discharged from the case.
The defence claimed that the police failed to comply with the mandatory conditions of the search of the accused since the accused was not produced before the gazette officer or the magistrate before conducting his search. The prosecution said that the accused was informed about his rights and all the conditions were well complied with.
The court after hearing both the arguments said, “The evidence adduced by the prosecution is trustworthy and reliable. The evidence on record shows that the accused was apprehended and searched by following the necessary safeguards under the NDPS Act. Mane explained to the accused his rights under Section 15 of the NDPS Act and thereafter his search was carried out by an authorised officer.
There is no infirmity or illegality in the procedure of search and seizure and in explaining the rights under Section 50 of the NDPS Act. The testimony of the police officers regarding seized and sealed is duly corroborated by the testimony of the independent panch witness.”
