Court cites long delay, sets off sentence against time already served
PANAJI
More than 10 years after a narcotics raid at a book shop in Arambol, the Additional Session Court, North Goa, on Friday convicted one accused of possessing a small quantity of methamphetamine while acquitting the second accused of charges relating to financing and abetting drug trafficking.
Additional Sessions Judge Apurva Nagvenkar held that the prosecution had proved beyond a reasonable doubt that Imran Khan was found in possession of methamphetamine during an Anti-Narcotic Cell (ANC) raid conducted on December 8, 2015. However, the court found insufficient evidence to establish charges against co-accused Uday Vaigankar under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Observing that nearly a decade had passed since the incident and that there was no material showing his involvement in any subsequent crime, the court ordered a sentence of four months and 25 days’ simple imprisonment, which was set off against the period already undergone as an undertrial.
“The ends of justice would be served by setting off the imprisonment,” the court observed while declining to extend the benefit of probation, describing narcotics offences as offences against society.
The court also directed the destruction of the seized narcotic substance after six months, ordered part of the seized cash and foreign currency to be deposited with the District Legal Services Authority for social causes, and directed that certain personal belongings, including mobile phones and an Aadhaar card, be returned to the accused after the statutory period.
The court examined a series of challenges raised by the defence, including alleged procedural lapses in the search, seizure and handling of evidence. Judge Nagvenkar held that the investigating officer had complied with mandatory legal requirements, including obtaining a search warrant, preserving the seal used during the raid and informing the accused of his rights before conducting the personal search.
The prosecution had alleged that Vaigankar supplied the drugs to Khan and later arrived at the raid location, where he allegedly abused police personnel and attempted to help Khan escape. The court, however, concluded that the evidence fell short of proving offences and acquitted him of all charges.
