The arrest of Nigerian Alabi Omotolani by the Air Intelligence Unit (AIU) in a narcotics case should have resulted in his conviction, but has instead ended up becoming a major embarrassment for the public prosecution.
The trial has hit a roadblock after Omotolani’s lawyers have alleged that the special public prosecutor appointed in the case is not eligible to fight the case as his term had expired long before he took on the matter.
In a letter written to the Union ministry of law and justice, which appoints special public prosecutors, Omotolani’s advocates Ayaz Khan and Nilofer Saiyed have said that AR Gupte was appointed by the ministry on April 27, 2005, for cases under many acts, including the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, in special courts for a period of three years.
However, despite his term expiring in 2008, Gupte continues to act as a special public prosecutor before the NDPS court.
In this lapsed period, Gupte has won convictions under the NDPS Act, and now their validity will have to be questioned, Khan has said. “Validity of such appointment is a crucial issue whilst recording of evidence,” states Khan’s application to the special NDPS court where the case is being heard. Khan, on behalf of Omotolani, has moved an application before the Bombay high court.
In the letter to the ministry, Khan has asked if Gupte’s appointment had been renewed or extended, which must be produced before Gupte is allowed to conduct trials before the special NDPS court.
“I told the court that I will withdraw my application if a notification granting extension to the prosecutor is produced. However, it hasn’t been so far. The other side has only relied on some previous judgments,” Khan said. The case will be heard on August 18.
When contacted by DNA, Gupte refused to comment.
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