Police crime intelligence operational support head Maj-Gen Feroz Khan, in his legal challenge before the high court in Johannesburg, says when police conducted a search and seizure at his house without a warrant this month, it was based on “unsupported” suspicion he might have been hiding drugs. Earlier in May the top cop was arrested at his home in Houghton and charged with offences relating to a 2021 unwrought precious metals case. During the arrest, police searched and seized, without a warrant, three cellphones, his personal firearm, ammunition and an iPad. Khan has taken the police minister, a position currently held by acting minister Firoz Cachalia, crime intelligence boss Lt-Gen Dumisani Khumalo and investigating officer Calvin Khorommbi to court seeking an order declaring the search and seizure unconstitutional. In court papers, Khan contends the search was conducted by police on suspicion there might have been drugs in his home. He argues when he asked Khorommbi the reason for the search, he was told: “The fifth respondent [Khorommbi] replied there was a reasonable suspicion there were drugs on the premises and they intended to find same.” Khan disputes the reasonableness of the suspicion and argues there was no basis for it. “The fifth respondent purported to justify the search on the basis of a suspicion that drugs were present at my residence. No factual basis whatsoever was disclosed in support of such allegation. The J50 [warrant of arrest] contained no reference to any conduct involving any drugs whatsoever,” Khan’s papers read. “I highlight that at the end of the unlawful search no drugs were found at the premises. Further, no precious metals were discovered, nor any prohibited articles. No incriminating material was identified in my presence or the presence of my attorney.” The matter is scheduled for an urgent hearing on Tuesday before acting judge Michelle Van Nieuwenhuizen. Khan wants police to return the devices seized during the search.In his rebuttal Khorommbi argues there were reasonable grounds to conduct the search because police spent three hours trying to gain entry to Khan’s apartment before succeeding. Khorommbi says police gained entrance into the home after intervention by security officials and an “Asian lady” opened the door. Once inside, Khan told officers he had been sleeping. Khorommbi argues the three-hour delay constituted reasonable grounds for police to conduct a search as they believed Khan had something to hide. “I deny the search and seizure of the articles was unlawful and unconstitutional. I also deny that [Khan] has made out a case for a review and setting aside of the decision of the respondents to conduct a warrantless search and seizure,” he argues. “I record the articles seized from the applicant belong to the state. The two iPhones, one iPad and Galaxy S21 all belong to the state and are not his personal belongings. I have already accessed the Samsung S21. He voluntarily gave me the code.” Khan, however, argues the objective facts demonstrate the alleged suspicion of drugs was speculative and unsupported. “The circumstances strongly suggest the J50 warrant of arrest was utilised as a mechanism to gain entrance to my residence for purposes of extending beyond the arrest itself,” Khan maintains. “The principal items seized consisted of electronic devices and my personal firearm. No explanation was ever provided linking the electronic devices to the offence reflected on the J50.” The alleged search for drugs took place after the Madlanga commission of inquiry into allegations of criminal infiltration in law enforcement heard the testimony of Steve Phakula, a warrant officer with the SA Police Service national intervention unit, alleging office “gossip” linked Khan to drug dealing. In July 2021, Khan attended a raid in which police uncovered 715kg of cocaine in a container that had been driven by truck from Durban to Aeroton, south of Johannesburg. The drugs are believed to be from Brazil. Some of the drugs allegedly went missing during the operation. Phakula told the commission the word among staff was the drugs belonged to Khan. Phakula said he had no evidence or statements to support the rumours about Khan. Part of the commission’s terms of reference is to investigate allegations that drug cartels have links to police officers.