A special court in Mumbai has delivered a stern verdict in a significant drug possession case, sentencing a 29-year-old man to a decade behind bars. The court found the individual guilty of holding a commercial quantity of codeine-based cough syrup with the intent to sell it.
The New Year's Eve Arrest and Seizure
The case dates back to the night of December 31, 2021. Officers from the Mumbai Police's Anti-Narcotics Cell (ANC) were on a routine patrol when their attention was drawn to a man acting suspiciously. The accused, identified as Bablu Gupta, was spotted standing near the BMC Udanchand Kendra on Sant Savta Marg, clutching a distinctive blue-and-yellow striped nylon bag and seemingly waiting for someone.
As the police team moved to surround him, Gupta attempted to flee with the bag but was swiftly caught. A formal search of the bag was then conducted in the presence of independent panch witnesses. This search led to the major discovery of 136 bottles of 'Morcerex' cough syrup. Laboratory analysis later confirmed that each 100 ml bottle contained 10 mg of Codeine Phosphate, a narcotic substance strictly regulated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Unbroken Chain of Evidence Leads to Conviction
The prosecution built a robust case by successfully establishing an unbroken chain of custody for the seized bottles. Samples were sent to the Forensic Science Laboratory (FSL) in Kalina for chemical analysis, which conclusively verified the presence of the narcotic codeine. This forensic evidence became a cornerstone of the case.
While Gupta's alleged accomplice, Asha Lingam, was discharged earlier during the legal proceedings, the court found the evidence against Gupta to be "cogent and reliable." The judge emphasized the seriousness of the offense involving a commercial quantity of a banned substance.
Plea for Leniency and the Court's Final Ruling
Before the sentencing, Bablu Gupta, a father of two, appealed to the court for mercy. He pleaded that he was the sole breadwinner for his family and requested a lighter punishment. However, the court balanced this appeal against the need to deter drug trafficking.
In its ruling, the judge noted, "The accused is neither a habitual offender nor a hardened criminal. In such circumstances, the minimum sentence will suffice the purpose... Imposing the minimum sentence serves as a deterrent and upholds the legislative intent to curb drug abuse." Consequently, the court awarded ten years of rigorous imprisonment, which is the minimum prescribed term for such an offense under the NDPS Act. Additionally, the court imposed a fine of Rs 1 lakh on the convict.
This verdict underscores the stringent legal consequences for drug-related crimes in India, particularly in cases involving the possession and intended sale of commercial quantities of controlled substances. The Mumbai ANC's vigilance led to a significant seizure, ultimately preventing a large quantity of addictive codeine syrup from potentially reaching the streets.
