Quick Summary: Joseph Achola Ouma, from Kenya, was cleared by the High Court of Bombay at Goa because the police didn't follow the correct legal steps during his arrest for drugs. The court found big mistakes in how the search was done, which led to his release.
In November 2024, Joseph Achola Ouma was found guilty by the Additional Sessions Court in South Goa. He was accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, for having cocaine and LSD. The court sentenced him to ten years in prison and large fines.
"Ouma was sentenced to ten years for having cocaine and five years for having LSD."
On January 29, 2019, police got a tip about a Kenyan man selling drugs near Komarpant Samaj Hall in Colomb, Goa. The police set up a raid led by PSI Damodar Shirodkar and included a senior officer, SDPO Uttam Raut Dessai.
"The raid team found Ouma with 3.10 grams of cocaine and 7.53 grams of LSD."
The appeal pointed out mistakes in how the search was conducted. The law says that suspects should be told about their right to be searched in front of a judge or a senior officer. In Ouma's case, this wasn't clearly communicated.
"The court noticed that Ouma wasn't given a clear choice to have a judge present during the search."
Judge Shreeram V. Shirsat decided that the search did not follow Section 50 of the NDPS Act. This mistake was key in canceling the conviction.
"The court stressed the need to strictly follow search procedures to ensure fairness."
On January 19, 2026, the High Court cleared Ouma of all charges. He was ordered to be released from Colvale Central Jail, as long as he promised to appear in court in the future if needed.
"Ouma's conviction was canceled, and he was released right away."
This case highlights the importance of following legal rules to make sure justice is done fairly and correctly.
