After eight years, a convicted drug dealer has had his assets, including a Westville home and several vehicles, returned. Yesterday the Supreme Court of Appeal ruled that one of the cases against him had been all “smoke and mirrors”.
Sagren Perumal had his assets, worth R8 million and including his house, a Chatsworth nightclub and a number of trucks, preserved in 2004.
He, his wife, Pushpaganthie, and two relatives were arrested in a midnight raid by the Scorpions. They were charged with several counts, including drug dealing and racketeering, but the case was withdrawn.
The State proceeded with a forfeiture application and Durban High Court Acting Judge Farouk Moosa granted in its favour in March last year.
Perumal then took the matter on appeal to the Supreme Court and yesterday judgment was in his favour – with costs.
Supreme Court Judge Suretta Snyders, with four judges concurring, found that Moosa’s judgment had failed to deal with the evidence in the case.
Judge Snyders found that the State had failed to put up any evidence to prove its assertion that Perumal was “one of the biggest drug dealers in the greater Durban area” and that he had acquired his assets with the proceeds of his drug dealing activities.
The judge said the investigation against him relied on presumptions that drug deals, which were carried out by others, were on his behalf.
“Despite having investigated Perumal for almost 20 years prior to launching proceedings (to attach his assets), despite intercepting conversations, despite searches and seizures of various premises and properties, despite trying to entrap the first appellant, the respondent has only put up a smoke and mirrors case which, at best, raises suspicion,” Judge Snyders said.
Perumal had denied the drug-dealing allegations and nothing the State had disclosed pointed to an affluent lifestyle lived off the proceeds of drug dealing, he said.
Heroin
In 2009, Perumal was arrested in connection with another drug case after he was found in possession of 6 500 straws of heroin at premises in Pinetown. He pleaded guilty to charges of dealing in drugs in the Pinetown Regional Court last year and was sentenced to a R500 000 fine. He was also given a suspended sentence of 15 years in prison and three years of correctional supervision.
Yesterday Perumal’s attorney Shashi Marajh said his client was pleased with the outcome of the appeal.
He was taking instructions from Perumal in connection with bringing legal action against the State for damages.
“My client is extremely upset with the manner in which he was treated… the adverse publicity also affected his business and his relationships with his business associates.”
