Nigerian cleared in drug case as cops tell different versions of story

A special Narcotic Drugs and Psychotropic Substances Act court in Mumbai has acquitted a Nigerian national of drug possession charges due to inconsistencies in the prosecution's case. The man was allegedly found in possession of 105g of cocaine after being caught with a pouch containing white powder, but the court concluded that the police had given differing accounts of his arrest and the way in which he carried the bag.

MUMBAI: A special Narcotic Drugs and Psychotropic Substances Act (NDPS) court last week acquitted a 41-year-old Nigerian national allegedly found in possession of 105 grams of cocaine as the police gave different versions of his arrest and the way he carried the bag from which the contraband was seized.

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As per the prosecution case, on September 30, 2017, the Anti-Narcotic Cell (ANC) were on patrolling duty when they saw two Nigerian nationals standing on Wadi Bunder bridge at 4:45 am.

When the patrolling team approached the two, one of them jumped from the bridge, while the other, identified as Friday Joy, was caught.

The police said when they caught Joy, he was trying to hide his bag in which they found a pouch containing white powder. Preliminary test revealed that the substance was cocaine and Joy was arrested.

The court, however, acquitted Joy observing that prosecution had failed to prove the case beyond reasonable doubt. “Their every witness is telling a different version of the story and at some places their testimony is inconsistent with the prosecution case. Therefore, prosecution has failed to prove recovery of the contraband,” the court said.

The police official who lodged the complaint, Nitish Bankar, said that they saw the accused at Wadi Bunder bridge and the two were at the centre of the bridge. He said that assistant police inspector Nitin Bodhe chased the accused and one of them jumped from the bridge.

The court disbelieved the theory observing, “One cannot lose sight of the fact that Wadi Bundar bridge is an over bridge above railway tracks. Local trains having electric engines can pass under the bridge. That means there are high-tension electric wires below the middle part of this bridge and the height of the bridge is definitely more than railway wagons. In such circumstances, it is difficult to believe that the person jumped from the centre of the bridge where there are high-tension electric wires and has a dangerous height. Moreover, API Bodhe denied that he chased the accused.”

The court said that the members of patrolling parties had been narrating different stories. Also, the court said that there were discrepancies in the version of officials about how the accused was holding his bag. One officer said it was on the waist of the accused, the other stated that it was in his hand and the third said it was on his shoulder, the court added.

Besides, the officials said that they were patrolling for the Muharram procession, but it was pointed out that there was no procession scheduled at that time nor was there any special order for such night patrolling.