South African national sentenced to 15 years for bringing 4kg heroin into India
The case, which centred on a carefully planned operation by the Narcotic Control Bureau (NCB) following a tip-off, also resulted in a fine of Rs 1.50 lakh for the accused, Mapoma Lemao.
The judge refuted the defence advocate's arguments that the contraband was subsequently planted, as it remained untraced even after Lemao went through mandatory checks at three airports: Johannesburg, Addis Ababa, and Mumbai. Special Judge PP Jadhav reasoned, "It has revealed that the contraband was concealed by creating a false cavity (of the bag) covered with plastic and cotton cloth.
The contraband has missed in the strict checking on all three airports.
This is not the first and last instance wherein the contraband is not traced in the mandatory checking."
Lemao was found guilty of various offences under the NDPS Act for conspiring, importing, and possessing 3.980 kgs of heroin. A co-accused, Mwanyuki Musa, a Tanzanian national, was acquitted. The judge said that, as pointed out by Musa's advocate, Dilip Mishra, except for Lemao's statement and that of an intelligence officer involved in the operations, there was no independent evidence to show his involvement.
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"Certainly, the mere statement of a co-accused cannot be the base to prove the guilt of the accused," the judge said.
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The prosecution's case detailed a raid initiated by the NCB, Mumbai Zonal Unit, following a specific intelligence note received on April 11, 2022, that Lemao would arrive the following morning at the city's international airport. The note said that he would either be carrying drugs in his bag or on himself.
Lemao was apprehended, and a search was conducted. The heroin was recovered from a cavity in his bag, and he was arrested.
During his statement, Lemao claimed he was promised a football trial in India by an agent named Faris. He stated that Faris handled his travel arrangements and asked him to carry the drugs, instructing him to deliver the consignment to a woman named Lyidi Jina at a hotel near the airport. Lemao also implicated his co-accused, Musa, stating that Faris had provided his details as a backup contact.
Musa was subsequently intercepted by another NCB team on April 13, 2022, in Navi Mumbai. In his statement, which could not be proved in court, Musa allegedly claimed he was instructed by his business partner, a Tanzanian national named Zohoro, to receive a drug consignment from a South African traveller and send it to a woman in Delhi. Zohoro had provided him with a photo identity of Lemao.
Despite the prosecution's claims against both men, the judge found Musa not guilty, leading to his acquittal.
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