
NEW DELHI, APRIL 9: A city court has acquitted a Mozambique national of drug smuggling while finding several loopholes in the prosecution case including tampering of evidence against him.
Acquitting the accused, Alberto Antenio Meuta of Mozambique, Additional Sessions Judge Indermeet Kaur Kochhar said, quot;The accused is clearly entitled to acquittalquot; as the prosecution did not follow the procedure of law during seizure of the contraband. quot;There has been a writing in a different ink in a document and this clearly shows that this document has been tampered withquot;, the court said, adding in such cases the benefit of doubt should go to the accused.
The court put a serious question as to why the document prepared by police at the time of seizure was not attested by independent witnesses though it is a mandatory provision of the Narcotic Drugs and Psychotropic Substances NDPS Act.
Customs officials had arrested Meuta from Indira Gandhi International IGI airport on January 20 on charges of drug smuggling, when he was about to board an Ethiopian flight and claimed to have recovered 1.475 kg of heroin from him. The accused had been in jail custody since then.
The accused had claimed that he was innocent and falsely implicated by customs officials who forced him to sign on some blank papers even as the prosecution had cited as many as 12 witnesses in support of its case.