Mumbai: A special NDPS court recently convicted and sentenced two men to 10 years of rigorous imprisonment for criminal conspiracy and conscious possession of 160 grams of Mephedrone, comprising 55 grams seized from the first individual and 105 grams from the second. The drugs seized from the duo in 2024 were worth around Rs 45 lakh. The court ruled that their apprehension during routine police patrolling constituted a chance recovery in a public place that legally justified the subsequent search and seizure. The duo, Akash Singh and Bhavan Adhikari, were also fined Rs one lakh each.The case began on the intervening night of March 27 and 28, 2024, when a DCB CID team left for patrolling after directions to trace absconding accused and apprehend drug peddlers. Around 1 am, the team reached near Range Heights building at Behram Baug, Link Road, Jogeshwari West, and noticed Singh standing suspiciously with a white plastic bag. Singh allegedly tried to run but was chased and detained.Panch witnesses were called to the spot. The court recorded that Singh was told about the right to be searched before a magistrate or gazetted officer and declined the option in writing. Police found a transparent plastic bag inside the white plastic bag. The substance was weighed and found to be 55 grams of Mephedrone. The substance was sealed and labelled at the spot.During questioning, Singh allegedly disclosed that the Mephedrone had been procured from Adhikari, who was nearby. Police and panch witnesses then went to the indicated location, where Singh pointed out Adhikari standing in front of Anupam Plus shop on Link Road. Adhikari was detained, served a separate Section 50 notice, and searched. Police recovered 105 grams of Mephedrone from the right pocket of Adhikari’s pant.The defence argued that the case against Adhikari rested on 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 testimony of independent panch witness… lends corroboration to the prosecution case proved recovery of Mephedrone from possession of accused…in presence of (witness)…”The seized samples were deposited at the ANC storeroom at Azad Maidan, later produced for inventory before a magistrate, 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 and do not go to the root of the prosecution case.”On sentence, Singh sought leniency on the ground that the quantity attributed to him was non-commercial if weighed without polythene, and that he was young, the sole breadwinner, and not a habitual offender. Adhikari said he was innocent and also sought leniency as a first-time offender and sole breadwinner. The prosecution sought a higher sentence, pointing to the seriousness of the offence. The judge said, “Considering the mitigating circumstances, this court is inclined to impose only the minimum sentence and no higher punishment.”
