Goa Court Acquits Two Accused in 2018 Narcotics Case Over Investigation Failures
In a significant legal development, an additional sessions court in South Goa has acquitted two men accused in a 2018 narcotics case registered by the Narcotics Control Bureau (NCB), sub-zone Goa. The court cited serious lapses in the investigation and a lack of corroborative evidence as key reasons for the acquittal, highlighting procedural shortcomings that undermined the prosecution's case.
Details of the Case and Accused Individuals
Additional Sessions Judge Ram Subrai Prabhu Dessai delivered the verdict, acquitting Mir Fazal Ali Farhan from Hyderabad, Telangana, and Ahamed Kunhi B, also known as Khader, from Kasaragod, Kerala. Both individuals had been charged under various provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, facing allegations related to drug trafficking.
Prosecution's Allegations and Evidence Presented
According to the prosecution, the case originated in October 2018 when Mir Fazal was allegedly found in possession of two kilograms of charas near Dabolim International Airport in Goa. The NCB claimed that the contraband was concealed in a handbag carried by Fazal and that Ahamed Kunhi had handed over the parcel outside the airport, allegedly for export out of India. To support these allegations, the prosecution presented return air tickets from Goa to Doha dated October 4, 2018, and from Doha to Mumbai dated October 24, 2018, along with hotel booking details in Doha. These documents were used to allege an international trafficking conspiracy, suggesting a planned operation to smuggle drugs across borders.
Court's Findings and Criticisms of the Investigation
However, after a thorough examination of 13 witnesses and the evidence presented, the court identified multiple critical flaws in the investigation process. Key observations included:
- The personal search of the accused was conducted without the presence of independent witnesses, raising questions about the integrity and transparency of the procedure.
- The investigating officer admitted to not verifying airport CCTV footage or checking screening records, which could have established whether Fazal was indeed carrying the handbag as alleged.
- The court noted that independent witnesses, such as passengers, airline staff, and vendors, were available at the airport but were not examined, further weakening the prosecution's case.
- The failure to rely on or obtain CCTV footage was highlighted as a major lapse, as it could have provided crucial visual evidence to corroborate the allegations.
The judge found merit in the defence arguments, emphasizing that without solid evidence and proper investigative protocols, the charges could not be sustained. This acquittal underscores the importance of meticulous investigation and adherence to legal standards in narcotics cases, particularly under the stringent NDPS Act.
Implications and Broader Context
This ruling serves as a reminder of the judicial system's role in ensuring fair trials and holding investigative agencies accountable for procedural lapses. In narcotics cases, where penalties can be severe, the burden of proof rests heavily on the prosecution to present incontrovertible evidence. The court's decision to acquit the accused due to investigation failures may prompt reflections on improving investigative techniques and compliance with legal requirements in future cases. It also highlights the challenges faced by law enforcement in building robust cases against alleged drug traffickers, especially in scenarios involving international elements.
