Mumbai court sentences man found with opium to 3 yrs in jail
A special court took a lenient view as the 47-year-old man is HIV positive.
2 min read
The accused had claimed that there were various procedural flaws in the case including non-compliance of the Narcotic Drugs and Psychotropic Substances Act. (Express File/Representative Photo)A special court in Mumbai sentenced a 47-year-old man to three years jail for possession of over 200 grams of opium. The court granted leniency to the man citing that he was HIV positive.
The man, a resident of Rajasthan, was booked by the Mumbai police in 2011, after a tip-off was received that he was carrying drugs. The police apprehended him at a bus depot in the northern suburbs of the city and conducted search.
The police claimed that he was found with 293 grams of opium, which was detected by a drug detection kit at first and then confirmed by a chemical analysis.
After he was convicted, he sought leniency on the ground that he was suffering from HIV.
Court explains line of thought
“The accused has been found possessing intermediate quantity of opium for sale a decade ago. The record of the proceedings shows that he has contributed in the protracting and prolonging of the trial. But since he is already suffering from a serious disease as per the record, a lenient view can be taken,” Special Judge S E Bangar said in his order passed on Monday.
The accused had claimed that there were various procedural flaws in the case including non-compliance of the Narcotic Drugs and Psychotropic Substances Act.
The court, however, said that the defence has not been able to show it any prejudice has been caused to the accused due to it. It also said that any lapse or delay in compliance by itself would not vitiate the trial. It said that the prosecution has adhered to the legal framework prevailing at the time of seizure and sampling.
You May Like
Photos
