HYDERABAD: A 2008 case of seizure of ephedrine, a psychotropic substance, by sleuths from Directorate of Revenue Intelligence (DRI) from different parts of the city ended in acquittal of the accused. The court, which delivered judgment in the case after 14 years, found that the investigating agency could not prove searches and seizing of large quantities of ephedrine. It also pointed out several lapses in the investigation.
In September 2008, DRI Hyderabad conducted raids at Mallapur, Ranigunj, Secunderabad, ECIL crossroads, Bolaram and Banjara Hills and Nellore and seized huge quantities of ephedrine in different forms, raw material, equipment and cash.
Seven persons accused of making the substance and trafficking it to different parts of the country were arrested. Later, the DRI Mumbai and Chennai zonal units joined the investigation.
The court observed that the investigators failed to secure independent witnesses even though the searches were conducted either in residential localities, industrial areas or busy commercial hubs. The discrepancy in the evidence of the official witnesses and forensic reports also creates doubts that the seized contraband was ephedrine.
Further, in connection with a search in a hotel at Secunderabad, from where the accused were picked up, the court observed that CCTV cameras are visible in the photos submitted, but the investigators failed to collect the CCTV footage to show the presence of the accused in the hotel.
Pointing out that as searches conducted at seven places is not proved cogently and it could not connect the accused with the offences, the accused are entitled for benefit of doubt, the court observed.
“When the main search and seizing of material are not proved, the conspiracy, abetment will not arise and there is also no evidence of any accused financing activities to commit an offence and there is also no evidence of attempting or abetting to commit the offences,” said the court.
