Mumbai: A Kenyan national who spent nearly five years in jail after allegedly being arrested from Mumbai airport with 2.7 kgs of cocaine concealed in 162 pellets hidden in two scotch cases, was acquitted after a panch witness, said to be present during seizure of drugs did not identify her in court. The prosecution attributed the witness’s failure to identity the accused to the fact that she’d worn a wig to court, hence, was unrecognisable.
Acquitting Sophie Sonje, the special NDPS court said, “...it creates doubt on the fact with regard to the entire investigation of the case and that accused has real knowledge of the nature of substance kept in her possession.”
It is the case of the prosecution that on June 27, 2017 Narcotics Control Bureau got inputs that the accused would be arriving with the contraband. A team went to the airport and intercepted her near the customs clearance area.
It was further submitted that the accused was made aware of the information received. The prosecution alleged that after appropriate compliances, a search of her baggage revealed the drugs. The content in the pellets was tested and it was found to be cocaine. The accused was arrested.
Represented in court by advocate Dilip Mishra, the accused denied the allegations and submitted she was framed. Five prosecution witnesses deposed during the trial.
The panch witness told the court that a woman was intercepted when she crossed the immigration. The court noted that this contradicted the version of the NCB officer who had submitted that the point of interception was at the the customs clearance.
The court further pointed out that the NCB officer had not collected CCTV footage from the area for the alleged date of the incident. While the NCB officer submitted that the accused was apprised of her right of search and seizure by gazetted officer or magistrate and she had waived it, the court said that the statement of the panch witness no where reflected this. —Rebecca Samervel