Pune: The court of Special Judge S M Sutar, on Wednesday, acquitted Nigerian national Eric Cyril Chinedu (31), who spent nearly four years in custody in a drug case, after finding serious gaps in the prosecution’s evidence linking him to the alleged recovery of mephedrone (MD) drug worth around Rs7.14 lakh.Eric was arrested in Sept 2022 in a case registered at Wanowrie police station. The prosecution alleged that 51gm of mephedrone was recovered from him. However, the court found that the forensic report identified the substance analysed as methamphetamine, creating a failure to establish that the material tested by the FSL was the same substance allegedly seized from Chinedu.The court also found problems with the way the drug samples were handled. The prosecution said two samples, S-1 and D-1, were taken when the drug was seized. But when the samples were later produced before a magistrate, a different sample, R-1, was drawn. R-1 was never sent to the forensic laboratory, while S-1 was not produced before the magistrate. The judge said this was a serious lapse in the prosecution case.There was also a dispute over whether the powder was tested at the spot. One prosecution witness said a drug-detection kit was used and the powder tested positive for MD. But the officer who seized the drug admitted in court that the kit had not been used. The seizure record also made no mention of any such test.The court also noted that the labels on the samples bore Sept 22, 2022, although the alleged seizure was on Sept 21. Questions were also raised over the custody of the seal used on the samples, with evidence showing that no seal-movement register was maintained and the seal was kept in an office cupboard accessible to police personnel.The prosecution evidence also contained contradictions concerning the search, recovery and preparation of the spot panchanama. The court held that the cumulative deficiencies created reasonable doubt about the alleged recovery and identity of the contraband and gave Chinedu the benefit of doubt.Chinedu had remained in custody for three years, 11 months and 16 days during the trial. The court ordered his release forthwith if he was not required in any other case. As he is a foreign national, a copy of the judgment was also directed to be sent to the Foreigners Regional Registration Office, Pune, and the Commissioner of Police for necessary action.
