Special Judge, NDPS (FTC), Manipur, judge Alek Muivah, on Tuesday convicted a man under section 21(b) of the NDPS Act for possession of 360 Spasmo-Proxyvon (SP) capsules (Dextropropoxyphene hydrochloride) weighing 180.720 gram.
The convict, Md Shikandar (26 when arrested), son of Md Nasir of Lilong Heinou Makhong of Thoubal district, was arrested on July 6, 2006 by Inspector Asem Chaoba Singh, the then officer in charge of NAB Police Station along with his police party while on patrol duty toward Lilong side.
As many as 360 SP capsules were seized from the convict’s possession.
The charge sheet was submitted after the completion of investigation and charge framed against the convict on September 17, 2018 under section 21(b) of NDPS Act.
The court, after overall appreciation of the evidence on record placed, opined that the prosecution has successfully proved that 360 SP capsules weighing 180.720 gram of Dextropropoxyphene hydrochloride were found in a plastic carry bag of the accused. Therefore, there is presumption under Sections 35 and 54 NDPS Act of culpable mental state and conscious possession in favour of the prosecution. The accused also failed to rebut the same either through prosecution evidence or his own explanation under Section 313 of CrPC.
The court announced that the prosecution has proved its case against the accused for offense u/s 21(b) of NDPS Act beyond reasonable doubt. The accused is held guilty of the offence punishable u/s 21(b) of NDPS Act. Accordingly, the accused, Md Shikandar, is convicted under Section 21(b) of the NDPS Act, the court said.
