Mumbai, July 6: The Special NDPS Court has acquitted 45-year-old Dazi Amani Emsuku, a Tanzanian national booked for allegedly selling drugs outside Mohammad Hussain Playground, Agripada, after he was allegedly caught with 600 grams of cocaine in April 2021.
Court Acquits In Drug Case
The court acquitted him of the charges of possession of a narcotic substance and drug peddling but convicted him for illegally staying in India without valid documents. He has been sentenced to five years' imprisonment, a period he has already undergone.
As per the prosecution case, Emsuku was arrested on April 17, 2021, on the basis of information received by the Anti-Narcotics Cell, Azad Maidan Unit. He was allegedly found holding a white nylon bag in his right hand, which allegedly contained the contraband. He was placed under arrest and remained in prison till Monday.
Defence Points To Contradictions
Emsuku's lawyer, Dilip Mishra, contested the prosecution's claims and argued that the witnesses gave contradictory versions and pointed out several discrepancies in the procedure adopted by the police, from the initial information to the interception of the accused and seizure of the contraband. He also pointed out that there was no independent witness to support the prosecution's case.
The court, while accepting the contradictions and flaws, observed: “Mohammad Hussain Playground is a public sports ground. Given the prosecution's claim that the accused went there to sell cocaine to customers, there is absolutely no evidence showing who he contacted or which customers were supposed to turn up. The spot is a public place, and the prosecution does not claim that no independent bystanders were present. Since the official panch witnesses turned hostile and failed to support the case, it was vital for the prosecution to examine independent public witnesses to prove recovery.”
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Convicted For Illegal Stay
The court, therefore, gave Emsuku the benefit of the doubt and acquitted him of the charges of drug peddling. He has, however, been held guilty of staying illegally in India.
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