Witnesses untraced, NCB officer forgot names of raiding team members: Why court acquits Brazilian accused of carrying 4-kg cocaine
A Delhi court has acquitted Brazilian national Jailson Manoel Da Silva in a 2016 cocaine seizure case, citing major investigative lapses by the Narcotics Control Bureau, including missing witnesses and procedural violations.
On September 16, 2016, M Ramu, then an Intelligence Officer (IO) with Narcotics Control Bureau’s (NCB) Chennai Zonal Unit, received a “secret information” that Brazilian national Jailson Manoel Da Silva had arrived at the Chennai airport from Rio De Janeiro in an Emirates flight and “was carrying 4 kg cocaine… which he was planning to deliver to his contact”. Soon after, he was booked and a probe was initiated.
Over nine years later, Silva was acquitted by a Delhi court earlier this week after it observed serious lapses in NCB’s probe.
“… this court is of the view that the evidence brought on record is not worthy of acceptance and there is a shadow of doubt cast upon it. The testimonies of the prosecution witnesses are not of sterling character and the lapses on part of the IO (M Ramu) in conducting faulty investigation…,” said Judge Atul Ahlawat in the judgement dated February 16.
He added, “… lapses on part of the prosecution in not proving the necessary links of their case, has led to only one irresistible conclusion that the prosecution story is not worthy of inspiring any confidence.”
The court flagged various lapses: members of the team who raided Silva not being made witnesses to the case as well as non-availability of photographs and videos taken during the seizure proceedings.
“… M Ramu could not even name the said team members during his cross-examination,” said Judge Ahlawat. “(He) did not make any efforts to get the photography and the videography of the seizure proceedings conducted, therefore, serious doubts are created on the entire seizure proceedings.”
The court also pointed out that two independent witnesses and Silva’s translator, Abdul Haque – Silva didn’t know English – were not examined in court as they were “not traceable”.
Story continues below this ad
Pointing out that NCB “could not even establish that the accused was on the said flight which allegedly landed in India on 16.09.2016″, the court said “the passenger list was not accompanied by any certificate under Section 65B of the Indian Evidence Act”.
“The person concerned who had issued the letter and filed the manifest of the passengers, along with the travel details of the accused, was never examined as a prosecution witness. The said document was merely brought on record through the testimony of the formal witness… complainant (in the case) Aravind M R,” the court said.
According to Aravind M R — then NCB Superintendent — Ramu and his team members had reached KEK Accommodation in Chennai and inquired about the accused from two staffers at the hotel. After reaching Silva’s room, Ramu allegedly found him along with a bag containing 11 notebooks.
As per Ramu, the outer cover of the notebooks and the pages inside contained packets of cocaine. On November 22, 2016, a forensic analysis had matched the samples to cocaine hydrochloride.
Story continues below this ad
Meanwhile, the NCB could not trace the person on whose instance the accused had illegally brought the contraband to India.
Further, pulling up Ramu for procedural lapses, the court said that no application under Section 52 A (disposal of seized narcotic drugs and psychotropic substances) of the NDPS Act was moved before it. “…The case property was not produced before the… Magistrate and the sampling process was not carried out there,” the judge said.
He also pointed out that the contents of all the 11 notebooks found in the bag were mixed together. The court said that as per procedure, “representative sample from each individual book ought to have been taken”.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
Professional Background
Education: Nirbhay is an economics graduate from Delhi University.
Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories.
Specializations: He has a specific interest in data stories related to courts.
Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials.
Recent notable articles
In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories.
1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.
2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation.
3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
Signature Style
Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public.
X (Twitter): @Nirbhaya99 ... Read More
