Toronto: A court in Windsor, Canada, has dismissed all drug trafficking charges against Punjabi-origin truck driver Harinder Singh Saini, ruling that the Canada Border Services Agency (CBSA) violated his constitutional rights during the investigation.
In a 37-page judgment, a judge of the Ontario Superior Court held that the CBSA breached Saini’s Canadian Charter of Rights and Freedoms protections, rendering the prosecution unsustainable despite the seriousness of the allegations.
The case dates back to October 29, 2023, when Saini arrived in Canada from the United States driving a commercial truck. Border officials searched the vehicle after becoming suspicious and allegedly recovered 121 bricks of cocaine. During the operation, officers also conducted a strip search and recovered 10,000 Canadian dollars in cash from Saini. The court heard that he was not given an opportunity to consult a lawyer during the process.
The judge observed that although the case involved narcotics valued at around 13 million Canadian dollars and carried the possibility of life imprisonment, law enforcement authorities were still required to respect fundamental constitutional rights.
The court further noted that a person remains innocent until proven guilty and that the treatment meted out to the accused could not be justified, regardless of the gravity of the allegations.
During the proceedings, the defence argued that Saini had no knowledge of the drugs allegedly concealed in the truck and that the shipment documents contained no reference to the contraband. The court agreed that the mere recovery of cash from the accused was insufficient to establish that he knew narcotics were being transported, ultimately dismissing all charges against him.
