Panaji: Fifteen years after a narcotics raid in Anjuna, an NDPS court has acquitted Nigerian national Ekoemeye Lucky after the prosecution failed to prove beyond reasonable doubt that cocaine was recovered from his possession.Lucky was allegedly found with 50 grams of suspected MDMA and 10 grams of cocaine, collectively valued at Rs 3 lakh, during a raid on Jan 27, 2011.The substance suspected to be MDMA was identified as ketamine during forensic examination. However, ketamine was not a prohibited substance under the NDPS Act at the time and was included as a psychotropic substance only on Feb 10, 2011.The prosecution established that the scientifically examined contraband was cocaine but failed to prove that it originated from or was seized from Lucky’s possession, the court said.The court also held that the prosecution failed to establish compliance with Section 50 of the NDPS Act, citing the absence of independent evidence, a language barrier between the investigating officer and accused, and the inability of panch witnesses to understand English.“In these circumstances, serious doubt arises regarding the genuineness of the alleged raid and seizure proceedings. Consequently, the uncorroborated testimony of the official witnesses alone, namely the police officials connected with the raid, would not be sufficient to establish the alleged raid and seizure beyond reasonable doubt,” stated additional sessions judge and special judge under the NDPS Act, Dvijple V Patkar.“The IO has deliberately not secured the presence of the pancha witnesses before this court, possibly because the IO was aware that they would not support the panchanama. It is also probable that the signatures on the panchanama are not of the pancha witnesses and their names were misused by PW7 (IO). All these possibilities and probabilities would benefit the accused,” the court held.The court also noted that the investigating officer had received a detailed description of Lucky, including the clothes he would wear, but these were not seized.“The non-attachment of the clothes of the accused in the present case is, therefore, fatal to the prosecution case. This is more so in the context of the defence taken by the accused,” the court held.The court said the cumulative shortcomings created reasonable doubt about the alleged search and seizure and extended the benefit of doubt to Lucky.
