SUMMARYA travesty of Justice
- Colette has been accused by the Narcotic Control Bureau (NCB) a National Government Agency of diverting pseudoephedrine medicines used for flu/cold when she was a Director of a pharmaceuticals manufacturing company, for 3 months in 2012.
- There are 6 accused (in jail) in this case and the Narcotics Agency has misled the public and Judicial System into believing the 6 accused ran a huge drug racket from here to Myanmar.
- In reality a consignment of pseudoephedrine tablets manufactured at the aforementioned company was caught being smuggled to Myanmar in 2013. The value of the consignment was 6000 rupees which prompted an investigation into the factory, which found no fault of the company.
- During Colette’s tenure as a Director 4000kg of pseudoephedrine was procured to manufacture 6 million tablets of flu/cold medicine. The Narcotics Agency claims 2000kg of the raw material was diverted to fake companies. 17 companies bought the medicines. The Narcotics Agency alleges that 5 of the companies were “fake” companies because the address was not found/summons unanswered even though companies had valid drug license, Tax ID & bank account
- The tablets are combined with other additives. If and when pseudoephedrine gets into the wrong hands , the medicine can be “stripped” of the additives and used to make illicit, recreational drugs.
- Pseudoephedrine cold/flu medicines is actually 1 of 894 essential medicine in India and is price controlled. Ten tablets costs only 6 rupees. ($ .09)
- In order to sensationalize the case the Narcotic Agency has claimed to the media and Judicial System that this was a large scale drug racket run by an American woman who worked at an NGO as a cover for her drug dealings.
- In Jan 2015-Colette was on her way to the US to celebrate her birthday, she was stopped at immigration in the airport. She was arrested at the airport and the Narcotics agency claim she was fleeing the country. She faced numerous Human Rights Violations. She was assaulted by the Narcotics Officer, threatened to be tortured, denied access to her lawyer and more. A complaint has been lodged with Human Rights Commission.
- six people have been arrested and are in JAIL.
- Director of Operations
- Colette- Company Director
- Marketing Company Owner
- Marketing Company Owner
- Company Director
- General Manager
- Colette’s bail was rejected in the lower court in Feb 2015 and then sent to the High Court in Feb 2015 & rejected Nov 2015. Her first bail application had 25 hearing and was finally rejected 9 months later.
- She did get 2 months interim bail due to severe life threatening diseases that she acquired while in jail. During this interim bail she was hospitalized 2 times and attended over 30 OPD Doctor visits.
- The charges were framed on Oct 15, 2015 and the trial did not start until June 2016, 8 months later. In these 8 months the prosecution created excuses to adjourn the hearing, effectively keeping all the accused languishing in jail.
- The prosecution’s, first witness, the Chief Witness and Investigating Officer was transferred to Bombay 1 day before he was due to give his deposition. When he finally gave his chief statement it took 7 hearings over two months. This is apparently a delay tactic used by this National Agency to keep the accused languishing in jail. The Cross Examination has commenced and till date has not completed
- During imprisonment RTI’s were filed to determine the status of the alleged fake companies. The respective Drug Control Authority provided conclusive evidence that the 5 companies had a valid drug license, tax ID number and the Drug control Authority had verified the address, NCB claimed did NOT exist.
- At this point in time the defense is not able to submit any documentation. The cross examination by the first accused (all of the accused have an opportunity to examine the prosecutions 1st witness) has started. The First Witness admitted that during the investigation concealed exculpatory documents were concealed from the court.
- The Judge ordered the Narcotics Agency on 2 occasions to submit the documents which was not done
- It also became evident that the Narcotics Agency had procured the same documents from the Drug Control Office to ascertain the companies existence.
- So effectively the Narcotics Agency knew the 5 companies existed, but concealed this information from the court.
- The cross examination has taken four hearings over 2 months. At this rate it will take 9 months to complete. While the trial was unfolding many new facts came to light.
- Prosecution Investigation
- All of the investigative witnesses who are witnesses in this case have been transferred.
- The superintendent who spearheaded the investigation against us was suspended for alleged corruption.
- The RTI’s received were submitted to court through a separate application under section 340.
- This is not only a rumor but the Uttarakhand Pharmaceuticals Manufacturing Association, caught these Narcotic Agents red handed in a sting operation.
Same time: The High Court is closed from Dec to Feb 22.
- Then the Judge had brain hemorrhage & is no longer working.
- Then Uttarakhand was under central rule & there was chaos in the whole state for 1 month.
- Then 2nd bail application was submitted in June 2016.
- The Judge refused to hear the case and gave two options to withdraw the application or get it rejected.
- The Narcotics Agency was operating an Extortion Ring and extorting money from other narcotic manufacturers in the state by demanding money from them or else they would arrest them using our case as an example to scare them
- During this time – Colette has been to the hospital over 100 times.
- Colette has been referred to specialist at AIIMS Delhi 30 times and missed 40 appointments made with specialists because the required police escort was not available.
- Her father came to India 5 times to visit & it was miserable.
- The emotional, physical, financial toll this has taken on my family is devastating. I feel guilty because of the pain it has caused my family.
- The US Embassy comes every month to make sure Colette is still alive. They can not do anything more than TLC. They cannot interfere in the Indian Judicial System.
- Colette is at the mercy of the courts who are biased to ALL Narcotics & Drug (NDPS) cases. The regular public is not able to differentiate between standard seizure of drugs case VS. this case which is primarily documentary in nature.
- There are 6 people in JAIL for a cumulative period of 93 months, The investigation is botched documents were concealed by a national agency, whose agents manipulate the Judicial System to prevent any of the accused from getting bail.
- The resources this Agency has spent to keep the accused shut up & in prison is ridiculous. Colette is the most expensive prisoner & her medical expenses for FY 2015-2016 was over 25 lac.
- A narcotic crime is viewed in India as more heinous in nature than murder. It is easier for accused murderers to get bail that a person charged under NDPS.
- The Judicial System is completely calloused to the people languishing in JAIL during the trial.