The court of the sessions judge, Panaji acquitted a Nigerian national Chiguzie Toga in a drug case as the judge Irshad Agha observed that the prosecution failed to prove that the narcotic raid was conducted on April 10, 2015 and that the alleged accused was found in possession of 20 pieces of LSD papers, weighing 0.335
The alleged accused had been charged for the offence punishable under Section 20(C) of the NDPS Act which is an offence for possessing commercial quantity of drugs and for which minimum punishment prescribed is 10 years.
From the evidence which is brought on record, a doubt is created as to whether the accused was actually carrying drugs. There are also various omissions and inconsistencies recorded in the evidence of various witnesses, the Judge observed.
The sessions Judge also observed that most of the statements recorded by the investigating officer were stereotyped. It appears that they were casually copied and pasted except for changing the names of the witnesses.
The charge against the alleged accused was that on April 10, 2015 at Gaurawado, Calangute, he was found in illegal possession of LSD papers, weighing 0.335 grams, worth around Rs 40,000.
The case of the prosecution was that the investigating officer in the case received information from reliable sources that one person would be coming to deliver drugs to prospective customers at Calangute.
Immediately, thereafter, the information was sent to the superior officer. The investigating officer thereafter constituted a raiding team and proceeded to the spot. Upon reaching the spot, they concealed themselves and when the alleged accused arrived, he was apprehended.
According to the prosecution, the investigating officer complied with the provisions of Section 50 of the Act and conducted personal search of the alleged accused and found the narcotic substance. Thereafter, necessary procedure was followed and the alleged accused was arrested and further charge-sheeted.