New Delhi: A court here has convicted a 21-year-old man under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possessing 200 grams of heroin, saying the prosecution has proved his guilt beyond a reasonable doubt.
Special Judge Gajender Singh Nagar was hearing a case against Iqbal Hussain, a resident of Uttar Pradesh, who was accused of possessing 200 grams of heroin and supplying the contraband to Delhi.
In an order dated February 18, the court said, “In view of the presumption under sections 35 (presumption of culpable mental state) and 54 (presumption from possession of illicit articles) of the NDPS Act, it is presumed that accused Iqbal Hussain had the requisite mental state (mens rea) to commit the offence of being in possession of narcotic drug/heroin, without any authority or licence to be in possession of the same.”
According to the prosecution, Hussain was arrested by the narcotics cell of the Crime Branch on May 26, 2016, after officials received secret information that he was supplying heroin in Delhi after procuring it from Bareilly.
The court noted that Hussain was informed of his legal right under section 50 of the NDPS Act to be searched in the presence of a gazetted officer or a magistrate, but he declined the offer.
“There is neither any legal provision that makes it mandatory in each case that the recovery proceedings be videographed or photographed nor there is any law of evidence that in the absence of videography or photography, the evidence of the prosecution witnesses cannot be relied upon,” the judge said.
The court said the absence of video or photographic evidence of the recovery proceedings did not render the prosecution’s case doubtful.
“The prosecution proved beyond a reasonable doubt that non-compliance of section 52A of the NDPS Act does not affect its case against the accused, as the case property seized at the spot was produced as primary evidence before the court, with the seals intact,” it added.
On the defence’s contention that there were several procedural lapses in the case, the court said the testimonies of police officials were consistent and trustworthy and that there was no material contradiction affecting the core of the prosecution case.
It then convicted the accused under the NDPS Act.
