MUMBAI, Dec. 8 -- The Bombay High Court has acquitted a Nigerian national, Mathew Okako Okofor, 42, in an NDPS case after holding that investigating officers failed to follow the mandatory procedure for drawing samples of the alleged contraband. The order came more than eight years after his arrest in August 2017, during which he remained in custody for an offence carrying a maximum punishment of 10 years. Okofor was arrested by the Anti-Narcotics Cell's Azad Maidan Unit during a routine patrol near Dongri Bridge at Wadi Bunder. According to the police, five Nigerian nationals were spotted standing on the bridge "suspiciously". While four fled, Okofor was detained. Officers claimed that a search of the rexine bag he was carrying yielded a plastic packet of white powder, which he allegedly identified as mephedrone. The seized quantity was recorded as 60 grams, and two samples were drawn on the spot for forensic analysis. In December 2022, a Special NDPS Court convicted Okofor under Sections 8(c) and 22(c) of the NDPS Act and sentenced him to 10 years' rigorous imprisonment and a fine of Rs.1 lakh. By then, he had already spent more than five years in jail, and he remained incarcerated through the pendency of his appeal. On November 20, 2025, the High Court set aside the conviction, directing, "The Appellant is in jail. He will be released forthwith, if not required in any other crime." Before the High Court, Okofor's advocate, Anish Pereira, argued that the sampling process violated Section 52A of the NDPS Act, which requires that samples be drawn in the presence of a Magistrate. The court examined the testimonies of prosecution witnesses and confirmed that the samples were taken at the spot of arrest, not before a Magistrate as mandated. Relying on recent Supreme Court rulings, including Mohammed Khalid & Anr., the court reiterated that non-compliance with Section 52A renders forensic results inadmissible as primary evidence. Citing the apex court, it noted, "The FSL report (of samples drawn in contravention of section 52A) is nothing but a waste paper and cannot be read in evidence." The bench held that the prosecution failed to produce primary evidence, as the seized inventory was not certified by a Magistrate and the samples were not drawn in his presence. Consequently, the conviction could not stand. Setting aside the special court's December 2022 judgement, the High Court acquitted Okofor of all charges. With the order, he walks free after spending over eight years....