Court acquits two in 2018 drugs case due to investigation lapses

Colva: 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, citing serious lapses in investigation and lack of corroborative evidence.

Additional Sessions Judge Ram Subrai Prabhu Dessai acquitted Mir Fazal Ali Farhan of Hyderabad, Telangana, and Ahamed Kunhi B alias Khader of Kasaragod, Kerala, who were charged under various provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

According to the prosecution, in Oct 2018, Mir Fazal was allegedly found in possession of two kilograms of charas near Dabolim International Airport. The NCB claimed the contraband was concealed in a handbag carried by him and that Ahamed Kunhi had handed over the parcel outside the airport, allegedly for export out of India. The prosecution relied on return air tickets from Goa to Doha dated Oct 4, 2018, and from Doha to Mumbai dated Oct 24, 2018, along with hotel booking details in Doha, to allege an international trafficking conspiracy.

Based on these allegations, the accused were charged under various sections of the NDPS Act. However, after examining 13 witnesses, the court noted that the personal search was conducted without independent witnesses. The investigating officer admitted that he had neither verified airport CCTV nor checked screening records to establish that Fazal was carrying the handbag.

The court observed that independent witnesses such as passengers, airline staff and vendors were available but not examined, and that failure to rely on CCTV footage weakened the prosecution case. The judge also found merit in the defence argument that stood.