The record
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- A special NDPS court in Mumbai convicted Akash Singh and Bhavan Adhikari for the possession of 160 grams of Mephedrone valued at Rs 45 lakh.
- The two men were apprehended during a police patrol in Jogeshwari West in March 2024.
- Despite defense arguments regarding procedural discrepancies, the court ruled the search was a legal chance recovery and imposed a 10-year prison sentence on both individuals.
- Both defendants also received a fine of Rs one lakh each.
Who said what2
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SM Bukke
2 quotes · 1 outlet
“The recovery in case in hand being chance recovery in public place provisions of sec 43 attract and govern the search. Accordingly it was not necessary for the investigating officer to record the reasons of belief before searching accused no 2 (Adhikari).”
In the article
…Singh’s disclosure and that the police were required to comply with Section 42 of the NDPS Act by recording the information and forwarding it to a superior officer. Rejecting the argument, Special Judge SM Bukke said, “ The recovery in case in hand being chance recovery in public place provisions of sec 43 attract and govern the search. Accordingly it was not necessary for the investigating officer to record the reasons of belief before searching accused no 2 (Adhikari). ” The court relied on the evidence of the complainant police constable, the investigating officer, an independent panch witness, carriers who handled the sealed samples, and the chemical analyst. The court said, “The…
“The chain of custody from seizure to analysis is intact, and the expert opinion duly proves that the contraband seized from accused nos 1 and 2 was Mephedrone.”
In the article
…and sent to Forensic Science Laboratory at Kalina. The chemical analyst stated that the samples tested positive for Mephedrone through several tests, including UV spectrophotometry and GC-MS analysis. The court held, “ The chain of custody from seizure to analysis is intact, and the expert opinion duly proves that the contraband seized from accused nos 1 and 2 was Mephedrone. ” The court rejected defence objections about absence of CCTV footage, minor discrepancies in witness statements, overwriting in documents, and details about seals. “Such omissions and contradictions are not material…
Coverage1
All filed from India
Named India · IN-MH · Akash Singh · Bhavan Adhikari · DCB CID · Forensic Science Laboratory · SM Bukke · Special NDPS court
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