Mumbai NDPS Court Delivers Stern Verdict in 2014 Ganja Case
A special NDPS court in Mumbai has convicted and sentenced a 60-year-old woman to five years of rigorous imprisonment for possessing 9 kilograms of ganja in 2014. The court, presided over by Special Judge UC Deshmukh, imposed a fine of Rs 30,000 on the convict, Ramija Shaikh, highlighting the severe impact of drug trafficking on society.
Court's Strong Stance on Drug Menace
In its ruling, the court observed that drug addiction destroys entire generations and indirectly weakens the nation. Judge Deshmukh stated that those involved in such trafficking must be dealt with sternly and awarded strict punishment. The judgment noted, "The illegal trade in drugs has created major stigma on the social structure of the country." Although the 9kg quantity did not fall under commercial quantity, it was deemed substantial and intended for sale.
Details of the Arrest and Trial
On April 25, 2014, Shaikh was arrested after the Anti Narcotic Cell received a tip-off that she would be arriving near the Home Guard Training Institution in Ghatkopar to sell contraband. She was searched, and the ganja was found in her bag. During the trial, a key issue arose when panch witness Chamelidevi Gupta, who was present during the seizure, could not identify Shaikh in court because the accused was wearing a burkha at the time of the incident.
Court's Assessment of Evidence
The judge addressed this discrepancy by noting that the incident occurred 12 years ago and the witness is now 60 years old. The court found that the credibility of police witnesses remained intact despite minor discrepancies, such as those regarding the seating capacity of the police vehicle used during the raid. All other witnesses, including a chemical analyser, confirmed that the drug sample sent for analysis was drawn on the spot and identified as ganja.
Judge Deshmukh emphasized, "Therefore, mere Chamelidevi Jaituram Gupta does not identify the accused before the court cannot be a grounds to infer that she is not the same person from whose possession Ganja has been seized…the accused is held guilty for the charge levelled against her." The court also ruled that procedural requirements under Section 50 of the NDPS Act, including the right to be searched before a gazetted officer, were sufficiently met.
Defense and Prosecution Arguments
While the defense argued that Shaikh was falsely implicated and pointed to the witness's failure to identify her, the prosecution relied on consistent testimonies from several police officers and the chemical analyser. Shaikh, who was out on bail during the trial, has now been convicted based on this evidence.
This case underscores the judiciary's firm approach to combating drug-related crimes in India, reflecting broader concerns about public health and national security.
