the goan I network
PANAJI
Two persons, both foreign nationals, who were arrested by the Anti Narcotics Cell of the Goa Police in separate incidents, were set free by the Bombay High Court at Goa, largely due to alleged lapses by the anti narcotic cell in conducting the raids.
Yusuji Hinagata, 50, a Japanese national who was arrested in 2013 and James Sunday Chinoso, a Nigerian national, who was arrested in 2015, were both set free by the High Court when they appealed against their convictions handed out by the special narcotic drugs and psychotropic substances (NDPS) court at Mapusa.
Hinagata, who has been incarcerated since his arrest in 2013, claimed that he understood only Japanese and hence could not understand what the police were saying to him at the time of his arrest. “He does not know or understand the English language at all. He can only speak his mother tongue i.e. Japanese language. There is nothing on
record to indicate that any attempt was made by either of the officers who searched him to ascertain as to whether the appellant understood the alleged conversation between the investigating agency and himself,” his defence counsel argued.
The High Court ruled that even if the suspect chooses to exercise the right of search provided to him under Section 50 of the NDPS Act, it was obligatory upon the officer concerned under Section 50 of the NDPS Act to appraise the suspect of his right to be
searched before a gazetted officer or a magistrate, but in this case the conversation was held in English, regardless of the fact as to whether the appellant understood English.
In James Sunday’s case, he argued that he was framed by the police after he refused to pay a bribe as demanded and because he refused to rat out his colleagues. His conviction was, however, set aside on grounds that the police failed to properly preserve the seized contraband resulting in a difference in weight between what was recorded at the time of seizure and what was the weight recorded by the laboratory, even though the difference was in milligrams.
The judge also noted that the LSD allegedly seized from James Sunday’s possession had deteriorated in quality, to the point that it was doubtful that it was authentic LSD as alleged. “Due care should be taken by the investigating agency to ensure proper sealing and avoidance of exposure to sunlight, moisture or heat before forwarding samples to the laboratory,” the court ruled. Both the accused will now be set free.
