Appeal of NDPS accused rejected

Two women from Mumbra, Zaida Bano and Shamim Mano, had been apprehended in Mauritius on August 21, 1992 for carrying 141 grams and 122 grams of hashish respectively. The drugs were concealed in cylindrical containers in the women8217;s body cavities. The duo was tried, sentenced to death, and has been hanged. The person who was to receive the two women at Mauritius, Nissar Ahmed Phame, was also arrested and sentenced to 15 yearsimprisonment.

Following information from Mauritius, the Bombay police arrested Kamruddin Phame. Phame appealed to the high court arguing that the police had no proof that he had sent the women to Mauritius. He argued that no contraband was found or seized from him. There was no evidence, except for the statement he had given to the police, which he later retracted claiming it was given under duress.

However, the state public prosecutor argued that there was enough evidence to prosecute him and convict him since he had recognised the photographs of the two women. The manager of the Oriental Guest House, Imamwada, Bhindi Bazaar where Phame had stayed a few days before sending the women to Mauritius had recognised him and the photographs of the two women. There are also records of calls received by him at the hotel from Mauritius and calls made to Mauritius from a phone booth near the hotel.