An Indian court has suspended a 10-year jail term of a Zimbabwean national in a drugs-related case, reported The Hindu.
In suspending the sentence, the Delhi High Court noted that there was an alleged non-compliance with the procedure for sampling the seized substance and that the accused has already undergone over four years in custody.
Justice Anish Dayal said the standing orders issued by the Narcotics Control Bureau (NCB) and the Ministry of Finance ought to be respected by investigating agencies.
Dayal said the lack of compliance with these standing orders imports an element of reasonable doubt, which would also impact the issue of proving the guilt of the accused. The judge added:
In this case, besides the fact that the appellant may have a case to argue on the issue of defective sampling at the time of seizure, the appellant has also undergone a substantial period of sentence and the appeal is likely to take some time for hearing.
The ruling came after the accused appealed against her conviction and sentencing by a trial court.
Betty Rame (38), was arrested by a Narcotics Control Bureau (NCB) team in April 2018 at the IGI Airport with two concealed bags full of a crystalline substance, which tested positive for Methamphetamine.
In August 2021, Rame was convicted and sentenced to 10 years of rigorous imprisonment with a ₹1 lakh fine under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Rame’s lawyers argued that the NCB did not collect the sample as per norms.
They said the contraband was admittedly seized from two separate bags and that the bags were subsequently mixed.
The lawyers also contended that as per the standing order, the contents of the bags should not have been mixed to avoid the substance “losing its identity”.
Source Pindula News
