Summary: Joseph Achola Ouma, a Kenyan citizen, was found not guilty by the Bombay High Court at Goa because the rules of the NDPS Act were not followed during his arrest and trial for drug-related charges.
On January 29, 2019, Joseph Achola Ouma was arrested near Komarpant Samaj Hall, Colomb, Goa. The police, led by officer Damodar Shirodkar, found him with 3.10 grams of cocaine and 7.53 grams of LSD. He was charged under certain sections of the NDPS Act, 1985. The Additional Sessions Court in South Goa sentenced him to ten years in prison and a fine of Rs. 1,00,000 on November 16, 2024.
The raid was conducted by a team including senior officer Uttam Raut Dessai and several police officers. Ouma was told he could be searched in front of a senior officer, and Dessai was introduced as such. However, Ouma chose not to have the raiding party searched.
"Before starting his personal check, officer Shirodkar informed Joseph Achola Ouma that he has the right to be searched in front of a senior officer." - From the court documents.
During the trial, 12 witnesses were called to testify, including police officers and local witnesses. The main argument was about following Section 50 of the NDPS Act, which requires informing the accused of their right to be searched in front of a senior officer or a judge.
Justice Shreeram V. Shirsat pointed out the failure to properly inform Ouma of his rights. The court noted that only the option of a senior officer was presented, leaving out the judge option, which is required under Section 50.
"The purpose of section 50 is clear. It ensures that the accused should be taken in front of an independent and responsible officer." - Justice Shreeram V. Shirsat
On January 19, 2026, the High Court canceled the previous conviction because of the mistakes made, particularly not following Section 50. Ouma was ordered to be released from Colvale Jail, Goa.
"The judgment and order... convicting and sentencing the Appellant is canceled and set aside." - Court's judgment
Joseph Achola Ouma was found not guilty due to the police not following the proper legal steps during his arrest, which led to his release from jail.
Note: All details are derived from the court document provided.
