CHENNAI: While Chennai police are intensifying their drive against ganja peddling in the city, TNIE’s analysis of 41 trial court judgements from March, April and May shows that a majority of these cases end in acquittal because of similar goof-ups by cops in documentation and compliance to legal procedure.
Specifically, ‘cooked up’ documents and absence of the accused’s signature on the seizure mahazar have been the main reason for most of these cases to end in acquittals.
While Chennai cops target peddlers who carry 1-5kg of ganja, the state unit of the Narcotics Intelligence Bureau (NIB) targets those higher up in the chain, seizing consignments of up to 20kg and more. The central agency, Narcotics Control Bureau (NCB), targets wholesalers and individuals with links to kingpins who handle massive quantities, 300kg and above.
TNIE analysed the verdicts of the Narcotic Drugs and Psychotropic Substances court in Chennai on 41 ganja cases registered in various city police stations delivered in March, April and May this year. Only three of these cases ended in a conviction.
‘Cooked up’ documents, crime scene file errors led to a lot of acquittals
The most common reason for city police’s ganja cases falling flat before trial courts is the ‘cooked up’ documents. For instance, judges have routinely found that cops mentioned the crime number in the seizure mahazar — a document prepared at the crime scene — before registering the case, considered a dead giveaway of a ‘false case being foisted’ on the accused.
Another common error is the absence of the accused’s signature on the seizure mahazar. These two blunders have been sufficient for most cases to fall flat, leading to acquittals. There are other cases where city cops have bungled up the investigation similarly.
In an acquittal verdict on May 22, issued by Judge J Juliet Pushpa, the police’s version of events stating that the contraband was found in the accused’s ‘bag’, collapsed because they had not provided any details of said bag in the mahazar. In similar verdict on April 3, Judge C Thirumagal noted how the cops had created the seizure mahazar at the crime scene at 1.20 pm, registered an FIR at 3.30 pm, and the mahazar still somehow contained the FIR number.
In another judgement on April 17, the judge criticised the police for admitting that the accused, a female, was searched by a male officer, which ‘made a dent’ in the case. Discrepancies in official versions of how the seizures were made also factor into the acquittals. In one such case, the judge noted how a police official deposed that the ganja was seized right opposite a popular landmark, while his colleague’s version was that the seizure was made in a lane beside the landmark.
Delay in producing samples to the lab and filing chargesheets within the stipulated time are also commonly cited reasons for acquittals in these cases. Advocates point to how the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is very stringent as the prosecution must establish a prima facie case beyond reasonable doubt, only after which the ‘reverse burden’ clause — onus on the accused to prove their innocence – would kick in.
Advocate Pon Prabhakaran said police must follow all procedures perfectly in order to obtain a conviction. “Most city cops might lack the know-how. Many cases fall flat due to the benefit of doubt accorded to the accused,” he noted. An experienced police official said city police officers are burdened with duties and may make mistakes during documentation. NIB and NCB do a better job as they focus only on narcotics cases, he said.
Common reasons for acquittals
Crime number mentioned in the seizure mahazar
Absence of the accused’s signature in the mahazar
Inconsistencies in police officials’ version of events
Delay in production of ganja samples for testing