MUMBAI: A special court has acquitted a 37-year-old man accused of possessing 215 grams of mephedrone (MD), ruling that serious procedural lapses by the Anti-Narcotic Cell (ANC) undermined the prosecution’s case and cast doubt on the legality of the search and seizure.Court acquits man in drug haul case, cites probe lapses and flawed investigationSpecial Judge V.M. Sundale on Thursday cleared Danish Afzal Shaikh, arrested in October 2022 near Bandra Court, after finding that investigators had failed to strictly comply with safeguards mandated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.According to the prosecution, ANC officers on patrol near the Kherwadi Pumping Centre spotted Shaikh under suspicious circumstances and recovered 215 grams of MD from a white nylon bag he was carrying. The prosecution argued that all mandatory provisions of the NDPS Act had been complied with, contending that the seized contraband was properly sealed, stored and sent for forensic examination, which later confirmed it as mephedrone.However, the court found multiple inconsistencies in the investigation.The judge noted that the prosecution had not satisfactorily established compliance with Section 50 of the NDPS Act, which gives an accused the right to be searched before a magistrate or gazetted officer. Crucial details about informing the accused of this right were missing from both the FIR and panchnama, the judge observed.The court also flagged irregularities in inventory and sampling procedures under Section 52A. It noted that no prior notice was given to the accused or his advocate during inventory proceedings before a magistrate and highlighted inconsistencies in sample sealing and documentation.A significant blow to the prosecution came when the chemical analyser admitted during cross-examination that the sample envelope received at the laboratory was not sealed on both sides, raising questions about the evidence’s integrity.The court further criticised investigators for not producing call detail records or tower location data from Shaikh’s seized mobile phone, despite the defence alleging that he had been picked up from his residence and falsely implicated.“In a case under the NDPS Act involving stringent punishment and reverse burden provisions, such electronic evidence assumes considerable importance,” the court observed, adding that withholding such evidence gave rise to an adverse inference against the prosecution.The judgment also questioned the credibility of one panch witness and noted that a second witness was not examined without a satisfactory explanation.Concluding that the prosecution had failed to establish an unbroken chain of custody and strict compliance with statutory safeguards, the court held that the possibility of tampering with the seized material and falsely implicating the accused could not be completely ruled out.