Promise Khalishwayo, a South African hairdresser, was arrested by the Narcotics Control Bureau (NCB)’s Mumbai unit in 2021, and remained in custody for five years on charges of carrying a commercial quantity of heroin.
NCB said it received information on February 17, 2021, that a woman by that name would be arriving on a Qatar Airways flight at Chhatrapati Shivaji Maharaj International Airport in Mumbai at around 2.10 am.
The Bureau claimed that while it did not find anything on her, the search of her baggage revealed that there were three dark brown patches in which 2.96 kg of heroin was stored. After forensic analysis confirmed it to be heroin, Khalishwayo, a Johannesburg resident, was booked under relevant sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, since the quantity was commercial, NCB said.
A special court for the trial of offences under the NDPS Act recently said that the case highlighted the “recklessness, negligence and dereliction of duty” of two investigators and other officers who took part in the raid, as they had not deputed women officers from their department to search Khalishwayo.
“In such a case, asking the woman suspect to be searched by a male person is ridiculous. They were aware about the secret information and the accused prior to 12-14 hours of arrival of the suspect. The prosecution has miserably failed to prove charges levelled against the accused beyond a reasonable doubt,” special judge U C Deshmukh said in the order passed on February 9.
“Copy of this judgment and order be sent to the Director General of the Narcotics Control Bureau (NCB), New Delhi for necessary action for dereliction of duties of errant Officers in this case, who did the investigation and took part in a raid to arrest the suspect/accused with a request letter to arrange a comprehensive training programme to avoid future lapses in the investigation of similar crime,” the court said.
Violations and lapses
Advocate Ayaz Khan, who appeared for Khalishwayo, submitted that there had been violations of procedures laid down in the NDPS Act. The person who searched the woman was not a competent authority, and she was not examined by the prosecution as a witness during the trial, nor were independent panchama witnesses examined.
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The lawyer pointed out other lapses, saying that CCTV footage was not collected, there was a discrepancy in the description of the preserved samples, and there was a delay in forwarding the samples for chemical analysis.
The court also noted that the investigating officer had failed to obtain CCTV footage, despite being aware that it needed to request its preservation from the airport authorities.
“Even for the sake of discussion, if it is presumed that the accused was apprehended with such contraband, however, failure of the investigating officer and his team members to follow the procedure allows her to go scot free. It has frustrated the object of the Act itself,” the court said.
“It is needless to say that the provisions of the Act provide stringent punishment. Whenever stringent punishment is provided, the strict compliance thereof is expected and necessitated,” the court added.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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