Mumbai: Man seeks relief after 2024 ganja conviction reportedly costs him software engineering job

A young data science professional has approached the Bombay High Court seeking removal of his name from a police conviction register after a corporate background check reportedly cost him his software engineering jobA Rs 2000 fine for allegedly smoking ganja has had lasting professional consequences for a young IT professional who says his conviction surfaced during a corporate background check and led to the loss of his software engineering jobHe has now approached the Bombay High Court seeking removal of his name from the Borivli police station conviction registerFrom a police stop to a court battleDecember 30 2023 According to the petition the man then 22 was approached by police personnel in plain clothes while at General Arun Kumar Vaidya Maidan in Borivli West with four friends Though he maintained he had not consumed drugs he was taken to Borivli police station medically examined and booked under Section 8c read with Section 27 of the Narcotic Drugs and Psychotropic Substances NDPS ActMarch 5 2024 He pleaded guilty before the 26th Metropolitan Magistrate Court in Borivali and was fined Rs 2000 His lawyer Advocate Dinesh D Tiwari said the petitioner had been persuaded by relatives and counsel to plead guilty to end the matter quickly without fully understanding the consequencesMarchApril 2025 The petitioner secured a software engineering job at a Navi Mumbai firm but his employment was terminated the following month after a background check reportedly flagged the conviction according to his counsel He now works as a data science trainer Tiwari said The petitioner holds a BTech in mechanical engineering and a postgraduate diploma in big data analytics from CDACWhat plea arguesThe criminal writ petition filed under Article 226 through Dinesh D Tiwari and Associates including Advocate Pulkeshi Gaikwad challenges the recording of minor drugconsumption convictions under Chapter III Rule 70 of the Bombay Police Manual 1959 The petitioner argues that such entries can create a lasting stigma and undermine rehabilitation His counsel contends that the law should distinguish between minor consumption offences and drug traffickingWhat he wantsThe petitioner has asked the High Court togtgt Read down Rule 70 so it does not apply to what he describes as trivial consumer offences under the NDPS Actgtgt Direct the authorities to remove his name and particulars from the Borivli Police Station Conviction Register and associated criminal recordsgtgt Alternatively grant relief under Sections 3 and 4 of the Probation of Offenders Act 1958lsquoReform not ruin young livesrsquoAdvocate Dinesh D Tiwari counsel for the petitionerldquoIt is a misinterpretation of the law to enter the names of persons booked for minor offences in a police stationrsquos conviction register Secondly the NDPS Act is a reformative statute and Section 64A provides an opportunity for eligible firsttime consumers to undergo rehabilitation Therefore an individual who voluntarily pleaded guilty before the court under a misunderstanding without properly comprehending the pros and cons deserves reliefrdquoExpert viewAdv Prasannan Namboodiri former Narcotics Control Bureau officerldquoIt is unfortunate that a young man missed out on employment opportunities simply because his name appeared in police records as a convict Under Section 27 of the NDPS Act an offender might pay a fine and evade jail time but the ideal legal pathway mdash provided under Section 64A mdash is to volunteer for rehabilitation and earn immunity from prosecution Anyone caught in such a situation should exercise their right to voluntary deaddiction and undergo rehabilitation rather than settling for a summary trial and facing longterm career hurdlesrdquo