Observing that till the conclusion of the trial, the accused persons were unaware that the contraband found in their possession was a composition of heroin and alprazolam, the Bombay high court has set aside the conviction of two accused under Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Justice Sadhana Jadhav was hearing an appeal filed by two accused, Rafiq Mohammed Chalkar and Ismail Salim Shaikh, challenging their conviction and a 10-year sentence given by the lower court. “To meet the charge claimed, it was necessary that the charge should have been framed against the accused, giving him a clear notice that the contraband in his possession was a commercial quantity. Heroin is not a psychotropic substance, but it is a narcotic drug. Till the conclusion of the trial, the accused persons were
unaware that the contraband found in their possession was a composition of heroin and alprazolam. The charge was not modified and therefore, the conviction of the accused deserves to be quashed,” she said.
On May 25, 2011, the anti-narcotic cell, Worli unit, received information that a person named Babar and a woman named Parubai Avghade, who are dealing in narcotic drugs, are supplying heroin in the suburbs of Mumbai to Rafik Chalkar and Ismail Shaikh.
Acting on a tip-off, the police laid a trap net and subsequently the duo was apprehended in the raid. The personal search of the duo was conducted by the police, which found about 260 grams each of brown powder in possession of Rafik Mohammed Chalker and Ismail Shaikh.
The samples were sent to the Forensic Science Laboratory at Kalina and the chemical analyser’s report revealed that the contraband was 0.86 per cent heroin and 22.86 per cent of alprazolam.
Acting on the appeal of the accused, Justice Jadhav observed that the charge framed against the accused was for an offence punishable under Section 29 read with Sec. 8(c) of the NDPS Act.