Mumbai: Special NDPS Court Acquits Man In MD Drug Case, Cites Procedural Lapses In Seizure

Mumbai, September 10, 2026: The special NDPS court has acquitted Raees Sayyed, booked by the Mumbai Crime Branch in May 2023 after having been found with 58 grams MD and subsequently 100 grams MD was found from his residence.

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The court acquitted him, observing that the police failed to follow the procedure as stated under the NDPS Act and hence the seizure of the contraband drugs is doubtful.

Arrest And Seizure

As per the prosecution case, Sayyed was arrested on May 24, 2023, after he was found suspiciously roaming around beneath Sion bridge. Upon search, Sayyed was found with 50 grams of Mephedrone (MD) powder drug. Later, his house was searched and 100 grams of MD powder was found in the drawer of a wardrobe.

Sayyed's lawyer, Shekhar Bhandari, contended there was no compliance with mandatory provisions under the NDPS Act at the time of his personal search and house search.

He further claimed that, "Accused was not appraised of his right to be searched before Magistrate. No such drug was carried by the accused as alleged. It is further argued that the drug came to be planted in the house of the accused and that he has been falsely implicated in the instant crime."

Court Finds Search Procedure Flawed

The court accepted the defence case and noted that, as per the record, the search team left the police station sometime at around 6.25 am. The case papers indicate that during inquiry with the accused, they got to know of the presence of drugs at his house, which prompted the empowered officer to conduct a house search of the accused. They proceeded to the house of the accused in the morning at 6.45 am and the raid was conducted from 7 am till 8.15 am.

However, the court noted that the independent panch witness did not support the prosecution case and said, "he was called at 19.00 hours at the house of accused on May 25, 2023, which is contradictory to the evidence of empowered officer. It is not known as to whether the search at the house of accused was conducted in morning or in the evening hours."

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Seizure Deemed Doubtful

"Since panch witness did not support the house search panchnama timings and as there is noncompliance of provisions of NDPS Act, for this reason the search and seizure of the Narcotics MD drug from the person and house of accused appears to be doubtful and same cannot be relied upon to ascertain the complexity of the accused in the instant case," the court said, acquitting Sayyed.

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