NEW DELHI: Delhi High Court has set aside a 10-year jail term awarded to a man, saying that despite the seizure of such a large quantity of heroin that can destroy entire generations, the culprit goes scot-free only because of the “anomalies” committed by the “extreme carelessness” of probe officials in the recovery and investigation of the case.
Justice Chandrasekharan Sudha directed the chief secretary, to ensure that such a callous or laid-back attitude on the part of the investigating officials should not be repeated in the future. The judge was hearing an appeal by the accused against his conviction and jail term awarded by the trial court for allegedly being found possessing 1kg heroin on May 18, 2012, by Directorate of Revenue Intelligence (DRI) officials.
“Heroin is quite a dangerous drug, and such large quantities of it can destroy entire generations. However, it appears that the officials of the DRI have not assigned the importance that this case so greatly deserved. It also appears that it was only because of such a lackadaisical approach and extreme carelessness on the part of the officers concerned that the benefit has gone to the accused,” the judge said.
The judge said there certainly was a strong and grave suspicion against the accused, “But suspicion, however strong, cannot take the place of proof.”
The judge added that strict compliance with the formalities was necessary because of the stringent punishment that was provided under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
“Whether the mistake was intentional or unintentional, the result is disastrous,” the judge said, noting that the drug supposedly had a value of more than Rs 3 lakh in the year 2012, which was “certainly not a small amount”.
The judge said there was no material on record to show in whose custody the samples drawn remained for three days till they were sent to the FSL. “The samples, the seal, the seizure memo, the facsimile seal, etc. were never deposited in the malkhana. The seal at all times continued to remain with the raiding team. These aspects are in gross violation of rules,” the judge said.
Also in court
NEET case accused gets 14-day CBI custody
A Delhi court on Sunday sent a NEET case accused, allegedly one of the masterminds of the Biology question paper leak, to 14-day custody of the CBI, noting her sustained custodial interrogation was required to unearth the overall conspiracy. The judge sent Manisha Gurunath Mandhare, an NTA-appointed senior Botany teacher from Pune, to the CBI custody after she was produced before the court. The CBI said the accused was also needed to be taken to various locations across the country.
