Man acquitted 39 years after Customs department booked him in 137kg drug seizure case

The Customs department booked Gafoor and one Abdul Latif, who allegedly kept the drugs at the former’s home and and is still on the run. In 1986, the seized charas was valued at Rs 5.48 lakh. During the trial, the complainant remained untraceable, one officer was reported to have passed away and two others remained unavailable, despite non-bailable warrants against them. The former Superintendent, who deposed as a witness, was not a part of the raiding team and the court observed that there was no record of who the officer was who had received the information about the drugs. As the witness was not a part of the raiding team, the court said the search and seizure also was not proved. The chemical analyser’s report—a crucial evidence in the drugs cases—was also not part of the record. The seized drugs were destroyed in an incinerator in 1988.

“However, no sample was produced before the court, and the case records are reportedly untraceable at the NCH Laboratory. Consequently, the prosecution has failed to produce any sample before the court to substantiate the alleged recovery,” said Special Judge S M Bukke.

“Crucially, the prosecution has failed to examine material witnesses, including the carrier, storekeeper, chemical analyst, investigating officer, and the complainant. As a result, the prosecution has not established the chain of custody of the seized substance. In the absence of such proof, the possibility of tampering with the contraband cannot be ruled out,” the court said.