NCB and DRI lose two major drug seizure cases in Kerala

Trial courts in Kochi dispose of cases related to alleged seizure of 217.525 kg of heroin to the tune of ₹1,526 crore from two vessels and another 2,525.675 kg of methamphetamine hydrochloride from an Iranian from a vessel

The Directorate of Revenue Intelligence (DRI) and the Narcotics Control Bureau (NCB) failed to impress the Kerala courts, which had recently set all the accused free in two alleged major drug seizure cases.

The acquittal of the the accused came at a time when the State has declared a war on drug menace.

The trial courts in Kochi had in January disposed of the cases related to the alleged seizure of 217.525 kg of heroin to the tune of ₹1,526 crore in the international market from two vessels and another 2,525.675 kg of methamphetamine hydrochloride from an Iranian from a vessel after the investigating agencies failed to convince the courts. The two agencies had projected the two cases as the largest seizure of drugs in recent times.

The DRI had arraigned 24 Tamil Nadu natives in the heroin seizure case in May 2022. The prosecution case was that the masters of two Indian boats, Little Jesus and Prince, which were intercepted while sailing from the coast of Tamil Nadu, had confessed that they had concealed the narcotic drugs received while in high seas inside the boats.

Procedural lapses

M. Sulekha, Additional Sessions Judge, who tried the case was not impressed by the agency’s arguments. The judge found holes in the arguments and evidence put forth by the DRI regarding the contacts between the accused, the transfer of money for the purchase of boats and the collection of contraband from a foreign vessel using a dinghy. The court also found serious lapses in the procedures to be followed in such cases. The court held that the prosecution failed to prove the case beyond reasonable doubt and the accused has not committed any offences punishable under the Narcotic Drugs and Psychotropic Substances Act.

In January, V.P.M. Suresh Babu, Additional District and Sessions Judge, set free Zubair Derakshshandeh, a native of Chabahar, Iran, who was accused of smuggling in 2,525.675 kg of methamphetamine hydrochloride. The prosecution case was that the accused imported a huge quantity of methamphetamine to India after conspiring with Pakistan-based drug traffickers. The judge noted that the Junior Intelligence Officer, who conducted the investigation, had no idea about the investigation and the procedures to be followed regarding the proper custody of the property and samples till it reached the chemical analyst in cases booked under the Narcotic Drugs and Psychotropic Substances Act.

‘Lack of awareness’

“The NCB is the premier agency established to deal with the menace of drug proliferation, but the present case reveals the lack of awareness of NCB officials regarding the procedures for search and seizure in accordance with the new Rules and proper investigation,” the court noted.

Meanwhile, both the DRI and the NCB were in the process of approaching the Kerala High Court against the orders of the trial courts.

Zimbabwean convicted

However, the NCB succeeded in securing conviction for Sharon Chigwaza, a Zimbabwean woman, who was caught while trying to import 9.910 kg of heroin into India from South Africa. The contraband was seized from her bag at the Cochin International Airport on June 19, 2021. The accused was convicted for imprisonment for 11 years and a fine, according to the lawyers of the agency.

Published - March 16, 2025 07:47 pm IST