New Delhi, Jan 3 (PTI) A court here has acquitted three accused in a case involving seizure of 500 gm of heroin, saying police did not follow the mandatory procedure of drawing the seized samples in the presence of a magistrate.

Assistant Sessions Judge Arul Varma was hearing a case against Imran, Vinod Kumar and Simranjeet Kaur, who were charged under Section 21 C of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

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Section 21 C prescribes the maximum punishment of 20 years of rigorous imprisonment with fine for possessing commercial quantity of a banned narcotic.

In India, 250 gm or more of heroin is considered commercial quantity.

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According to the prosecution, Imran was apprehended with 500 gm of the prohibited drug in a car belonging to co-accused Vinod Kumar and Simranjeet Kaur on September 29, 2017. After being declared proclaimed offenders, the two co-accused were also arrested.

Noting the statements of police witnesses, the court said the samples of the narcotic drug were "drawn immediately at the spot after the seizure of contraband item from the accused".

It referred to a 2002 verdict of the Supreme Court, according to which,"In the absence of any material to establish the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples would not be a valid piece of primary evidence in the trial."

The court of the assistant sessions judge, in the verdict pronounced on Tuesday, said in the present case, the samples were not drawn before a magistrate as testified by three police witnesses and the investigating officer (IO).

"As there has been non-compliance of Section 52 A of NDPS Act (disposal of seized narcotic drugs) as laid down by the Supreme Court, accused Imran, Vinod and Simranjeet Kaur are therefore acquitted under section 21 c of the NDPS Act," the court said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)