There was a time when criminals accidentally left behind evidence for the police to track them down and ensure their conviction. However, in today’s world, law enforcement seems to fail to follow the necessary procedures, leading to cases being dismissed in court. A recent incident in Chennai has highlighted this issue, where police negligence resulted in a drug smuggler being acquitted due to improper evidence collection.
The Drug Case
The case in question involved an individual accused of smuggling drugs. The accused, Ashok Kumar, also known as Kakka Kumar, was arrested on November 11, 2019, at the LGN Road–Gopal Das Road junction. The police had received information that he had illegal narcotics, leading them to search for the surrounding fruit market area. During the search, law enforcement officials found and seized approximately 1.5 kilograms of ganja from him.
Sub-Inspector Palani, who led the raid, initially informed his supervisor that his team was equipped with the required weighing machine to measure the seized contraband. However, during court proceedings, he admitted that the police had used a fruit vendor’s weighing scale to measure the drugs instead of their standard government-issued equipment. This revelation raised serious doubts about the accuracy of the evidence presented, ultimately leading to the accused walking free.
Delay In Reports
Further exacerbating the situation was the significant delay in submitting the seized drugs to the court. As per standard protocol, a sample of 50 grams of ganja was sent to a forensic laboratory for testing, while the remaining 1.45 kilograms were packed and sealed. However, it took the police a staggering 61 days to submit the seized narcotics to the court, raising questions about the reliability of the evidence. This long delay made the judge skeptical about the integrity of the investigation.
The NDPS Act mandates that law enforcement officers must carry their weighing machines, testing kits, and packing materials while handling narcotics seizures. These measures are put in place to ensure the proper collection and preservation of evidence, which is crucial in securing a conviction. However, the failure of the police to adhere to these guidelines led the trial court to dismiss the case. Principal Special Judge S. Hermies ruled that the evidence recovery process was unreliable and therefore could not be accepted in court. As a result, the accused was acquitted of all charges.
Happened Before Also..
Unfortunately, this is not an isolated incident. A similar case occurred in Chennai in October of the previous year when the Kilpauk police borrowed a weighing scale from a local shop to measure a 2-kilogram ganja seizure near the Ega Theatre. Such instances raise serious concerns about the credibility of the evidence presented in drug-related cases and expose a lack of professionalism in law enforcement practices.
Prominent advocate R. Gopi criticized this flawed practice, pointing out that police officials tend to measure exact weights only in high-profile seizures, such as those occurring at airports and ports. In smaller cases, they often rely on estimated figures, which lack credibility in court. This inconsistent and unprofessional approach is frequently challenged by defense lawyers, leading to the dismissal of numerous cases.
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With a passion for news writing and a deep interest in Journalism, Bowrna wants to write articles that create an impact. Not only writing, she also has a passion for voiceovers and also aspires to become a Radio Jockey in the future. When not writing, she likes to listen to songs and dance to her heart's content. She is proficient in English, Tamil and Hindi.
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