CHENNAI: A man accused of smuggling ganja recently walked free after a city court threw out the case as Chennai police had borrowed a fruit vendor’s weighing scales to measure the narcotic seized instead of using their own equipment as mandated by law.
Sub-Inspector Palani, who led the raid, initially reported to his superiors that his team had the necessary weighing machine. However, in court, he admitted under cross-examination that they had used a shop’s scales. The result: Ashok Kumar alias ‘Kakka’ Kumar walked free. The seizure took place on Nov 11, 2019, at LGN Road-Gopal Dass Road junction following a tip-off that Kumar was in possession of ganja. Police searched him in the fruit market and claimed to have seized 1.5kg of ganja.
After the seizure, 50 grams of ganja were sent to a forensic lab, while the remaining quantity was packed and sealed. However, police took 61 days to submit the seized narcotic to the court, raising doubts about the integrity of its handling. The NDPS Act mandates that police should carry their own weighing machines, testing kits, and packing materials to ensure proper evidence collection at the scene of seizure. The trial court cited contradictions in the prosecution’s evidence and ruled in favour of the accused. Principal Special Judge S Hermies found the recovery process unreliable and dismissed the case.
This isn’t an isolated case – Chennai police have repeatedly skipped carrying weighing machines, leading to acquittals. During a trial in the same court last Oct, Kilpauk police borrowed a shop’s scales to weigh two kg of ganja seized near Ega Theatre.
“Police and customs measure exact weights only in major seizures (in tonnes) at transit hubs such as airports or ports. In other cases, they record a convenient figure at the station, a practice defence lawyers often challenge in court,” alleged advocate R Gopi.