Mumbai, June 4: After 13 years of being booked for allegedly carrying 15.3 kg of a suspected narcotic substance, Mozambique national Catia Daclesa Francisco Mwendlane has been discharged by the Bombay High Court due to the absence of an admissible chemical analysis report confirming that the substance was a banned narcotic drug.
Setting aside a special court order that had rejected her discharge plea, the High Court observed that in the absence of any report establishing that the seized white powder was a narcotic drug or psychotropic substance, the trial court was not justified in refusing discharge.
Airport interception in 2013
Mwendlane, then a 22-year-old beautician, was intercepted at Mumbai International Airport on July 31, 2013, while allegedly attempting to carry methaqualone to Botswana. Airport intelligence officials recovered 30 brown plastic pouches concealed inside dresses packed in her check-in baggage.
Investigators drew three sample sets. The first, sent to the Kalina forensic laboratory, could not be conclusively identified as methaqualone because a standard reference sample was unavailable. Authorities then sought to send the sample to the Central Forensic Science Laboratory (CFSL), Hyderabad, for further analysis.
Reports failed to confirm substance
However, the Hyderabad laboratory declined to analyse it without a court order. When investigators sought permission from the special court, it held that the matter fell within the domain of investigation and declined to intervene.
The samples were subsequently sent to a laboratory in Delhi, which also failed to ascertain the presence of methaqualone and advised that they be sent to Hyderabad. In December 2013, the Hyderabad laboratory reported that they contained ephedrine.
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Mwendlane's lawyer, Munira Palanpurwala, sought discharge citing discrepancies in the chemical analysis reports. The special court rejected the plea, accepting the prosecution's contention that the testing procedure was lawful. The order was later challenged before the High Court.
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