MUMBAI, October 23: The absence of a magistrate or gazetted officer during the search of an Ethiopian national, Ndukwe Onuohe, convicted of drug peddling seven years ago, led to her acquittal by the Bombay High Court.Justice T K Chandrashekhara Das set Onuohe free on two technical grounds: breach in the procedure during her search at the airport when she was caught with brown sugar packets, and lack of other material to establish her guilt.Onuohe was intercepted at Sahar International airport in April 1990 while boarding the Ethiopian Airline flight when a sniffer dog detected brown sugar packets in her shoes and briefcase. After a chemical analysis, the matter was referred to a trial court, which convicted her under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.However, Onuohe, represented by advocate G G Lalla, moved the High Court, arguing that mandatory requirements of section 50 of the NDPS Act were not fulfilled during her search. Onuohe was not asked whether she wanted to be searched by a gazetted officer or a magistrate.The prosecution argued that recovery of contraband was by ``chance'', which did not require strict adherence to NDPS. And even if the section was violated, the entire trial was not rendered biased due to it.Said Justice Das: ``From the moment the Customs officials suspected transport of narcotic drugs, they asked Onuohe to remove her shoes and open the briefcase. The presence of other officers during the search would show that it was no chance recovery.'' The judge said a personal search (which includes search of the person and belongings like bags and shoes) immediately attracts the section 50 of NDPS Act. He also did not entertain the argument that Onuohe volunteered for a search. Evidence shows that she obeyed investigating officials, the judge stated.
