German Tourist discharged from NDPS proceedings, for conspiracy and possession of LSD and Charas, due to insufficient evidence, Read Order

German Tourist discharged from NDPS proceedings, for conspiracy and possession of LSD and Charas, in absence of sufficient material/evidence. Mere presence in the flat not sufficient to commence trial

On 02.08.2021, the Bombay High Court’s Goa Bench presided by Justice M S Jawalkar discharged a German National from NDPS proceedings under Section 22(c), 20(b)(ii) (A) and Section 29 of the NDPS Act. (Possession of narcotics of commercial quantity and conspiracy)

The German Tourist was arrested from a flat in Goa belonging to the Main Accused (an Indian citizen) from where narcotic substance of commercial quantity was seized in the raid. In the chargesheet, apart from the presence of the German Tourist in the said flat, no other evidence of possession of narcotics or conspiracy was found by the Police.

The German Tourist filed an application for discharge under Section 227 of the CRPC before the Additional Sessions Judge which was rejected. The rejection order was challenged before the High Court. The Hon’ble High Court while exercising its criminal revisionary jurisdiction quashed and set aside the Additional Sessions Judge’s order after considering the jurisprudence of conscious possession and power to discharge under Section 227.

The Applicant, German National was represented by Adv. Tushar Jarwal along with Rahul Sateeja, Deepak Thackur, Anurag Soan and Salil Saudagar (local counsel) from DMD Advocates.

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