KOCHI: A procedural lapse cost the excise department dear as the Ernakulam Additional Sessions Court acquitted two persons who were arrested with 255 ampules of injection drugs in 2013. The court allowed the accused to walk free after an excise officer who had no territorial jurisdiction investigated the case and filed a chargesheet.
Additional Sessions Court Judge G Girish acquitted Prahaladhan alias Kuttan, of Edayappuram, and Rishad alias Shanu, of Thottumugham, after the trial was completed last week. Prahaladhan was picked up from his from his residence on June 6, 2013 for the possession of 16 ampules of diazepam injections, 180 ampules of buprenorphine injections and 30 ampules of promethazine hydrochloride injections. After interrogation, the excise team arrested Rishad from near Chowara ferry.
“A final report pertaining to an offence under NDPS Act committed within the territorial jurisdiction of Aluva excise circle office could be filed by Kunnathunad inspector only if he had been authorised by the state government in that regard. As far as the present case is concerned, Kunnathunad inspector had conducted the investigation and laid the chargesheet as per the authorisation given by the deputy commissioner, Ernakulam.
There is no case for the prosecution that the government had promulgated any notification or order authorising the excise circle inspector, Kunnathunad, to file the final report in this case,” the court observed. The judge said that the prosecution initiated against the accused pursuant to the cognizance taken on a complaint filed by an incompetent officer is invalid in the eye of law.
Despite the procedural lapse, the court discussed the involvement of the first and second accused in the case and found there was evidence to establish a case against the first accused. However, the prosecution failed to establish offences against the second accused. A senior excise officer told TNIE that cases probed between two Supreme Court orders have been affected by that particular technical issue. He said the department was only following the earlier direction by the SC.
“Not only the excise department but even the police have similar issues in some NDPS cases. Earlier, the Supreme Court had directed that an officer who makes a seizure should not investigate the case. Based on that, the probe was handed over to other officers. Later, there was another ruling from the Supreme Court that only an officer who has jurisdiction power should investigate,” the officer said.