Vadodara Couple Gets 10 Years In Jail After Being Caught With Charas On Delhi-Mumbai Rajdhani Express

The court sentenced the accused to 10 years of simple imprisonment along with a fine of Rs 1 lakh each. The matter was filed under the Narcotic Drugs and Psychotropic Substances Act at the special court in Vadodara.

A couple from Vadodara has been sentenced to 10 years in jail after being caught with charas on the Delhi-Mumbai Rajdhani Express.

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A special court in Vadodara sentenced a couple to 10 years of simple imprisonment for possession and inter-state transportation of charas (cannabis) while travelling on the Delhi-Mumbai Rajdhani Express in 2020. The matter was filed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act at the special court. The couple has also been slapped with a fine of Rs 1 lakh each. 

The accused, Iqbal Khan and his wife Sameera, originally from Mumbai, were arrested in October 2020 in Vadodara from a coach of the Delhi-Mumbai Rajdhani Express after the Ahmedabad Narcotics Control Bureau (NCB) unit searched their luggage based on a tip-off, The Indian Express reported.

The court convicted and sentenced the couple even though the panch witnesses were declared "hostile" during cross-examination by the defence. It upheld the prosecution’s argument that the seized contraband had been submitted before a magistrate for inventory, photography, and sampling, and had also "received the mandatory magistrate’s certificate".

What The Court Said

Special NDPS Judge SB Mansuri said that the accused had been “involved in a crime that affects the society at large” and any leniency in the punishment would “defeat the purpose of justice”, a court order issued on April 9 said. 

According to the prosecution, NCB officials boarded the A5 coach of the Delhi-Mumbai Rajdhani Express and found the accused occupying seats 51 and 52. Upon inspecting their bags, officers discovered charas, which was confirmed using a drug detection kit, the report said.

Despite the defence challenging the credibility of the panch witnesses, the court took into account the argument made by Vadodara District Government Pleader Anil Desai, who asserted that there was “no dispute” regarding the test report confirming the substance found with the accused was cannabis.

“There has been no contradiction… to the test report proving the substance to be charas… The substance is a contraband as per the NDPS Act. It was found in the possession of the accused and therefore, it is presumed that the accused have committed the crime until there is evidence to prove otherwise,” the court said.

The court stated that the legal procedure had been followed during the raid and seizure of the contraband. “The seized contraband has been presented before the magistrate and was granted a magistrate certificate after inventory and photography… As per (a precedent) of the Supreme Court of India, any inventory, photographs or samples of seized substances prepared in substantial compliance of the procedure prescribed under Section 52A of the NDPS Act… would have to be mandatorily treated as primary evidence… irrespective of whether the substance in original is actually produced before the court or not.”

The accused had been arrested under NDPS Section 8(c) (providing punishment for possession, and transport of cannabis), 20(c) (punishment for commercial quantity of cannabis) and 29 (criminal conspiracy to commit crime under NDPS Act).

While the defence requested a “minimum sentencing” on the grounds that it was the accused's “first offence,” the court rejected the plea, stating that the offence had broader implications on the society. Stressing the objectives of the NDPS Act, the court noted that awarding the minimum punishment instead of the maximum would undermine the very purpose of justice.

The court sentenced the accused to 10 years of simple imprisonment along with a fine of Rs 1 lakh each. In case of non-payment, they will serve an additional two years of simple imprisonment. The court also directed that the time already spent in custody as undertrials will be counted toward their total sentence, the report said.