The North Goa Additional Sessions Court has refused to take cognizance of an offence registered under the Narcotic Drugs and Psychotropic Substances Act against a 24-year-old Uttar Pradesh native, observing that proceeding with the trial would be an "exercise in futility".
According to the charge sheet filed by Anti Narcotics Cell, the accused Ajeet Kumar, a native of Jaunpur, Uttar Pradesh, was intercepted by an ANC team near the Divza Circle bus stop shed in Panaji during the late night of July 2, 2023. Police claimed to have seized approximately 5.000 kg of suspected ganja—valued at ₹5 lakh—from his conscious possession.
While evaluating the charge sheet, the court scrutinized the discrepancy between the initial seizure documents and the Chemical Analyser’s report. The court noted that all primary investigation records—including the FIR, search panchanama, inventory certified before the Judicial Magistrate First Class and forwarding notes—described the seized material merely as "dried greenish colour leafy substance". The court held that as per the statutory definition in the NDPS Act, leaves unaccompanied by flowering or fruiting tops do not constitute ganja.
The court further noted that while the JMFC had certified the samples as leafy substance, it remained unexplained how the Chemical Analyser subsequently found "flowering/fruiting tops" in the analyzed sample.
Holding that there was no prima facie material showing the commission of an offense in accordance with the NDPS Act, the court observed that issuing process would only lead to a lengthy trial bound to culminate in acquittal due to investigative lapses. Hence, the court refused to take cognizance of the chargesheet.
Court Refuses to Take Cognizance in NDPS Case Due to Discrepancy in Ganja Definition
The North Goa Additional Sessions Court has refused to take cognizance of an offence registered under the Narcotic Drugs and Psychotropic Su
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