Multiple discrepancies lead to acquittal of Nigerian caught with cocaine

A Nigerian national has been acquitted of drug possession charges by a special court in Mumbai due to contradictions in the prosecution's case. However, he was convicted for overstaying his visa. The court found discrepancies in the statements of police officers and noted failure to comply with provisions of the NDPS Act. The court also highlighted inconsistencies in the panchnama and the handling of evidence. The case was deemed unreliable and the prosecution's case was thrown out on these grounds.

MUMBAI: A special court, set up under the Narcotic Drugs and Psychotropic Substances (NDPS) Act has acquitted a Nigerian national, who was allegedly caught with 417 grams of cocaine by a team of the Amboli police in September 2018.

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The court noticed several material contradictions in the story reflected from the prosecution record and the one stated by the probing officers in their deposition before the court.

The court, however, convicted the Nigerian for having illegally stayed in India after his Visa expired in 2014.

According to the prosecution case, police officer Daya Nayak had received secret information on September 4, 2018, at 10.40 pm that between 12:30 am and 1:30 am, a Nigerian national was likely to come near National Dairy in Jogeshwari to sell narcotic substances. It was claimed that after completing the mandatory formalities of noting the information and alerting senior officials, a team left for the spot. At 12:55am the accused came to the spot and was taken for questioning.

During the trial, defence lawyer Taraq Sayyed pointed out several discrepancies in the statements given by the police officials and the story which was reflected from the record. Apart from the contradictions, the lawyer also pointed out failure on part of the police to comply with mandatory provisions of the NDPS Act.

“There is no whisper that the accused was given the opportunity to search the police party and panch witness. In such trap cases, the accused is given an opportunity to search members of the raiding party and panch witnesses to avoid allegations of planting drugs by the raiding party itself. Thus, an important part of evidence to avoid allegations of planting of contraband is missing,” the court observed.

Further, the court also noted that panchnama appeared to be completed after the police party returned to the police station. But it was mentioned in it that it was completed in the police vehicle at the spot from where the accused was apprehended. Hence, the court said, the Panchnama prepared for the trap, search and arrest of the accused was untrustworthy.

“This is a major inconsistency between the case revealed by the charge sheet and the testimony of informant Balkrishna Chavan,” the court noted.

Besides, a panch witness had said only one sample was prepared from the contraband seized from the accused, whereas according to the prosecution case, four samples were prepared, kept in self-locking plastic bags and sent for chemical analysis. However, the chemical analyser, who examined the samples, claimed that the pouches had no self-locking system, nor were they stapled.

“This indicates that either the story revealed by charge sheet and evidence by API Daya Nayak that plastic pouches were having self-locking system was false or samples received in forensic laboratory were changed or officer of forensic science laboratory was deposing falsely,” the court said, adding that the prosecution case was liable to be thrown only on this ground alone.