CHENNAI: Several flaws in the probe by the Chennai Customs into alleged smuggling of 11kg of pseudoephedrine and ketamine to Malaysia through air cargo has led to the acquittal of an accused by special Narcotics Drugs and Psychotropic Substances Act court last week.
Customs had arrested Ahamed Faizal (36) in April 2013 under NDPS Act after a raid at his three-storey house in North Chennai, during which the contraband hidden amidst textile fabrics in the ground floor godown was seized.
The agency said Faizal was absconding after it was flagged that he had been smuggling the contraband to Malaysia through air cargo by concealing it in consignments declared as pomegranates.
The customs search team had first gone to a house where Faizal was living earlier and the tenant gave them the location for the building. The case collapsed during trial due to several procedural lapses highlighted by the defence.
For instance, it was found that the search at Faizal’s house was done by a non-gazetted officer without a proper warrant, which was in violation of the Act. The search was done from 5 pm to 10 pm, which the officer had no right to, the judge said in the December 6 order.
The prosecution could neither produce the supposed letter issued by the TN government’s civil supplies department which led to the raid nor produce documents like a sale deed or statement from neighbours to show that Faizal owned the place where the contraband was found.
The agency also did not produce details of the shipping bill pertaining to earlier export of the contraband. There was no evidence to link Faizal to that case, the judge said in the order acquitting him.
Though the customs produced statements of Faizal’s brother-in-law and sister on the ownership of the house, they were neither arraigned as accused in the case nor examined before court. The agency did not take signatures from the accused on the things seized from the house, the judge noted.