PANAJI
A Nigerian national who spent nearly seven years in jail for his alleged involvement in a drug peddling case has been acquitted by the Court of Sessions Judge, Panaji.
Special Judge Sherin Paul did not rule out tampering concerns with the seized cocktail of drugs stating that the investigating officer, Suraj Halarnkar, retained the seal purportedly used to seal the attached items.
The court, based on the forensic experts’ reports, noted that substances tested positive for cocaine, DMT, and LSD, but noted, “However, a very relevant and significant fact is that after the alleged raid, the investigating officer retained with himself the seal said to have been used by him for sealing the attached items, there being no evidence either of the IO or the Dy SP that the seal was sent to the latter for the purpose of safe custody."
The case revolves around the arrest of Nigerian Joseph Ifeanyi Ozoemena in 2017 for illegal possession of 24.118 grams of suspected LSD liquid, 72.961 grams of suspected cocaine, and 9.804 grams of suspected DMT. Charges were framed against him, and during the trial, the prosecution examined nine witnesses.
The verdict on Friday clearly mentions that the investigating officer retained custody of all substances until sampling was conducted by the Executive Magistrate four months later. Given this, Judge Paul stated that the possibility of tampering cannot be dismissed, as it is uncertain whether the substances submitted for analysis matched those seized during the raid.
“Such a possibility (of tampering) could have been ruled out if either the seal or the attached substances were sent to the Dy SP for safe custody and as this was not done, there is a doubt as to the genuineness of this case, the benefit of which doubt is the entitlement of the accused,” the Judge said while acquitting the foreigner.
