Mumbra man discharged from 2013 drug seizure case |

The court cited the failure to present the seized drugs before a magistrate and improper disclosure during the search, violating the NDPS Act.

THANE: A 30-year-old man from Mumbra was discharged from a drug seizure case in which he was nabbed with 4.3 kg in 2013. The accused remained untraceable since 2014.
Mohammed Imran Nafis Shaikh was originally arrested on November 15, 2013, during a police patrol in the Mumbra-Kausa area. According to the court order by Special Judge D.R. Deshpande, a police officer intercepted the accused near Symbiosis School on the Mumbra Bypass Highway, allegedly seizing 4.350 kg of Ganja.
The judge pointed out several critical legal deficiencies that ultimately led to the accused’s discharge. The primary concerns revolved around the investigation’s non-compliance with the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The judge specifically pointed to two fundamental issues that rendered the prosecution’s case untenable. First, the investigating agency failed to follow the mandatory procedure under Section 52-A of the NDPS Act. The contraband seized was not brought before a magistrate for inventory certification, a crucial legal requirement. The court noted that the seized drugs should have been presented to a magistrate for proper certification and sample collection.
Secondly, the judge pointed out a critical procedural flaw in the search and seizure process. The disclosure of the investigating officer as a gazetted officer during the Section 50 notice was deemed to vitiate the entire raid’s legitimacy. This technical violation undermined the prosecution’s case.
An additional aspect of the judgment was the consideration of the case’s prolonged pendency. The proceedings were ongoing since 2014, with the accused remaining absent. Despite multiple attempts to secure the accused’s appearance, including issuing notices to sureties and executing non-bailable warrants, the case remained unresolved.
The judge observed that even if all witnesses appeared and testified according to the prosecution’s narrative, the case would still fail due to the comprehensive non-compliance with Section 52-A of the NDPS Act. The judgment aligns with the judicial directive to dispose of decade-old cases while maintaining legal integrity.
Ultimately, the court concluded that the investigation’s fundamental flaws eliminated any probability of securing a conviction. Consequently, Mohammed Imran Nafis Shaikh was discharged from the offence.