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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Joy Prakash Singh – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Debangsu Basak, J. - The appellant has assailed the judgement of conviction dated January 20, 2020 and the order of sentence dated February 7, 2020 passed by the learned Judge, Bench I, City Sessions Court, Calcutta in NDPS Case No. 26 of 2015.
2. The case of the prosecution is that, on September 24, 2015, the police had received a credible source information that one narcotic drug seller/supplier from Bihar would come to sell/supply narcotic drugs in the North Port Police Station area in the morning of September 25, 2015. Accordingly the police had formed a raiding team, and took permission of the appropriate authority on September 24, 2015 to conduct the raid. On September 25, 2015 at about 7:30 AM the police team had left for the spot with the source, weighing scale, narcotic drug detection-kit and packing materials and other accessories. At about 8 A.M in the morning, the team had reached the northern side footpath of Howrah Bridge. The source had led the team to the spot where they started to maintain watch. At about 8:40 A.M, the source had pointed out one male person coming along the northern side of the footpath of Howrah Bridge from west to east direction carrying a
The court upheld the conviction under section 20 (b) (ii) (c) of the Act of 1985 despite discrepancies in evidence and compliance with standing orders.
The main legal point established in the judgment is the requirement for proper collection of samples and the consequences of non-compliance with the standing orders and provisions of the Narcotic Dru....
Section 52A deals with disposal of seized drugs and psychotropic substances.
Non-compliance with the sampling procedure may affect the prosecution's case, but the final determination of the sampling's validity should be made during the trial.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
Strict adherence to procedural requirements in the NDPS Act is essential for securing convictions; failure to follow these mandates can lead to acquittal.
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
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