Mumbai: Special court acquits 54-year-woman caught with 8 kg marijuana

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A 54-year-old woman, who was allegedly caught carrying 8 kg of marijuana, was recently acquitted by a special court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after the anti-narcotics cell (ANC) of the Mumbai Police failed to comply with a mandatory requirement relating to her personal search.

According to a report in the Hindustan Times, the accused, identified as Sunita Bhave, was caught with 8 kg marijuana on September 30, 2014. ANC officials said they had a tip-off about the woman coming to sell marijuana at a bus stop in Goregaon and accordingly, they laid a trap and arrested Bhave.

Police officials said they informed Bhave about her rights under the NDPS Act and a woman constable searched her in front of independent panch witnesses. The cops also told the court that they found packets of marijuana from her bag, after which she was arrested.

Denying the allegations that Bhave was found in possession of the contraband, the defence claimed that the 54-year-old had nothing to do with the seized consignment. The defence also pointed out several discrepancies in the prosecution story.

The defence argued that the officer who received information, the woman constable who searched the accused, and the independent woman panch witness were not examined by the prosecution.

After going through all the evidence, the special court observed that the evidence of police and panch witnesses do not match in respect of appraising the accused about her right and thus, it acquitted the woman.