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”.

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.

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”.