Khushi Doshi
Published on: March 12, 2022 at 12:21 IST
Five years after a Kenyan woman was accused of having 2.7 kilogrammes of Cocaine on her, a Mumbai Court acquitted her because an important witness could not recognise her in Court due to “Artificial Hair.”
According to the prosecution’s Case, on June 27, 2017, around 2.30pm, Narcotics Control Bureau Officials received specific information that the next morning, a Kenyan woman is suspected of carrying contraband in her handbag and would be Travelling from a flight abroad.
Lav Kumar Singh, an intelligence officer, relayed this information to superiors, and a team was formed to set up a trap at Mumbai Airport’s Chatrapati Shivaji International Terminal.
After profiling, the team began verifying the passengers’ passports. Following that, the suspect was identified and apprehended near the customs clearance area. The sleuths recovered 2.7 kg of Cocaine in 162 Pellets from the woman.
Advocate Dilip Mishra, who represented the suspect woman in Court, argued that the Independent panch witness had looked at everyone in the courtroom while deposing and had failed to identify the accused.
“As a result, the prosecution has failed to establish a link between seizure panchanama and the alleged recovery of contraband. As a result, the prosecution cannot claim that the alleged seizure of contraband from the accused’s possession was properly proven.”
Dr. AA Joglekar, the special judge, noted that the panch witness had not stated this himself.
“Although it must be accepted as is, the witness has not stated this in any application or before the court. As a result, the aforementioned explanation, while presumptive, cannot be considered because it does not correspond to the witness’s version.”
Aside from that, there were numerous discrepancies in the case and procedural lapses that irritated the court. The judge also mentioned that the entire airport is covered in CCTV cameras, and the investigating officer had not even gathered a single video of the Kenyan woman from that day.
Also read:
Important Provisions of NDPS Act, 1985
Overview of Narcotics Drugs Psychotropic Substances Act, 1985
What is Narcotics Control Bureau and it’s Role and Functions?