South African National Cleared in Mumbai Heroin Smuggling Case After Court Cites Major Investigative Failures
A special Narcotic Drugs and Psychotropic Substances (NDPS) court in Mumbai has acquitted a South African national, Promise Khalishwayo (29), who was facing charges of smuggling narcotics into India. The decision came after the court identified significant procedural lapses in the investigation that undermined the prosecution's case.
Arrest and Seizure Details
On February 18, 2021, Khalishwayo was apprehended by the Narcotics Control Bureau (NCB) at the Chhatrapati Shivaji Maharaj International Airport in Mumbai. Authorities alleged that she was carrying 2.9 kilograms of heroin concealed in her trolley bag, leading to her arrest under the stringent NDPS Act.
Court's Observations on Procedural Violations
The special court, presided over by Judge U C Deshmukh, meticulously examined the evidence and highlighted multiple failures in the investigative process. Key issues noted by the court include:
- Sealing Procedure Non-Compliance: The investigating officer did not adhere to the mandatory sealing protocols for the seized substance, casting doubt on the integrity of the evidence.
- Variance in Samples: There was a discrepancy between the narcotics seized and the samples sent for forensic analysis, raising questions about the chain of custody and reliability of the findings.
- Absence of Panch Witnesses: The prosecution failed to produce panch witnesses for examination. These witnesses are crucial in NDPS cases to corroborate the seizure and search procedures, and their absence left a gap in proving the accused's guilt.
- Improper Search Conduct: The court also pointed out that the investigating officer did not follow prescribed procedures while conducting the search of Khalishwayo, further weakening the case against her.
Judge's Remarks on the Acquittal
In his ruling, Judge Deshmukh emphasized that even if it were assumed for argument's sake that Khalishwayo was caught with the contraband, the failure of the investigating officer and team to follow due process necessitated her acquittal. He stated that such procedural lapses allow the accused to go scot-free, underscoring the importance of strict adherence to legal protocols in criminal investigations.
The acquittal serves as a stark reminder of the critical role that proper investigative techniques play in securing convictions, especially in high-stakes narcotics cases. It highlights how oversight in basic procedures can lead to the collapse of otherwise strong cases, impacting law enforcement efforts against drug trafficking.
