Mumbai: A special court in Mumbai has sentenced a 30-year-old South African national to 15 years of rigorous imprisonment after convicting him for smuggling 3.98 kg of heroin into India. The man, identified as Mapoma Joseph Lemao, was also fined Rs 1.5 lakh by the court in its order dated August 1.
Lemao was found guilty under various sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The court, however, acquitted a second accused, Ramadhani Musa, who was allegedly supposed to receive the drug consignment in India. The judge cited a lack of evidence to prove Musa’s involvement beyond a reasonable doubt, reported Indian Express.
Details Of The Case
The case dates back to April 12, 2022, when the Narcotics Control Bureau (NCB) received specific intelligence about a passenger arriving at Mumbai’s Chhatrapati Shivaji Maharaj International Airport via an Ethiopian Airlines flight, allegedly carrying narcotics in his check-in baggage. Acting on the tip-off, NCB officials intercepted Lemao and examined a red trolley bag he was carrying.
According to the prosecution, the flaps on both sides of the bag had been tampered with and covered in cotton cloth. Upon cutting the fabric, officials discovered two plastic packets hidden inside the bag. A field drug test confirmed the substance to be heroin, weighing a total of 3.98 kg.
During the trial, Lemao claimed innocence, stating he had come to India with the hope of attending football trials and had no knowledge of the drugs. His defence argued that there was no conclusive proof the bag was his, since there was no footage of him picking it up from the baggage conveyor belt. The defence also suggested that the drugs could have been planted by someone else.
However, the court rejected these arguments, observing that the bag carried a baggage tag matching the name and flight details of the accused. The court noted that such tags are mandatory and are affixed on both the boarding pass and luggage, confirming ownership. “…the allegations of planting the baggage or foisting the bag upon the accused are not certainly acceptable,” the court said in its order, as reported by the Indian Express.
The court also dismissed Lemao’s claim that the NCB had not followed proper procedures for search, seizure and analysis of the contraband, stating that all legal formalities were adhered to.
