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IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCHI, GAURANG KANTH, JJ.
Login Das @ Lagin Rabi Das – Appellant
Versus
The State of West Bengal – Respondent
CRA Nos. 97, 236 of 2020
Decided On : 05-04-2024
Narcotic Drugs and Psychotropic Substances Act - Illegal Narcotics Trade - Sections 21(c) and 27A of the NDPS Act - 52A
Fact of the Case:
The prosecution alleged that illegal narcotics trade was being carried out at a specific location. The police conducted a raid and recovered a large quantity of phensedyl cough syrup from the accused's house. The accused were charged under Sections 21(c) and 27A of the NDPS Act.
Finding of the Court:
The court found that the recovery of narcotics from the accused's residence was proved beyond doubt. The court also found that the complicity of one of the accused was not proved and acquitted him. The court upheld the conviction and sentence of one accused under Section 21(c) of the NDPS Act and set aside the conviction and sentence of the other accused under Section 27A.
Issues: The issues included the proof of recovery of narcotics, compliance with legal provisions, and the complicity of the accused.
Ratio Decidendi: The court held that the recovery of narcotics was proved beyond doubt based on consistent evidence from official witnesses. The court also ruled on the non-compliance of certain legal provisions and the lack of evidence to prove the complicity of one of the accused.
Final Decision: The court partly allowed one appeal, set aside the conviction and sentence of one accused, and upheld the conviction and sentence of the other accused. The court ordered the release of one accused and set off the period of detention suffered by the other accused.
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appeals are directed against the judgment and order of conviction and sentence dated 09.01.2020 and 10.01.2020 passed by learned Additional District and Sessions Judge, 3rd Court, Special Court under NDPS Act, Balurghat at Dakshin Dinajpur in Trial No. 52 of 2018 arising out of Special Case No. 24 of 2018 convicting the appellants for commission of offence punishable under Sections 21(c) and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing them to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs. 1,00,000/- each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Sections 21(c) of the NDPS Act and to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs. 1,00,000/- each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Sections 27A of the NDPS Act. Both the sentences shall run concurrently.
Prosecution case:
2. Prosecution case as alleged against the appellants is as follows:
3. Narayan Yadav was called upon to produce licence or any document for storage of phensedyl cough syrup but failed to do so. On interrogation Narayan Yadav admitted he had purchased the consignment from one Login Das, son of Gobinda Das of Bongi, PS-Balurghat, District Dakshin Dinajpur.
4. Narayan Yadav was arrested. Consignment of 1000 bottles of phensedyl cough syrup in 10 carton boxes were seized and labelled. Two sets of sample, that is, two bottles of phensedyl cough syrup were drawn from each carton bearing batch Nos. PHB-8019 and PHB-8020 respectively, i.e. 20 bottles in all. Narayan Yadav and the consignment were brought to the police station and the matter was diarized as GD Entry No. 520 marked as Exhibit-4. PW-5 submitted written complaint which was registered against Narayan Yadav and Login Das which was registered as Balurghat PS Case No. 194 of 2018.
5. Investigation of the case was taken up by Sk. Ziaul Kader (PW-13). During investigation, an application was made for certifying the correctness of inventory of narcotics under section 52A of NDPS Act (Exhibit-10). Somnath Kundu, Judicial Magistrate (PW-14) certified the correctness of inventory (Exhibit-12) and the photographs and videography taken of the seized consignment. Seized consignments (980 bottles in 4 lots) were taken by PW-6 to CFSL. CFSL report was collected by the investigating officer (PW-13) and produced in Court (Exhibit-13). Login Das had absconded and
Recovery of contraband – Penal provisions of NDPS Act, 1985 prescribes very harsh punishment for offender and it is incumbent for prosecution side that mandatory procedural requirement to be followed....
Non-compliance with mandatory procedural requirements under Section 52A of the NDPS Act vitiates the trial and undermines the prosecution's case.
Non-compliance with mandatory procedural requirements under the NDPS Act, particularly Section 52A, undermines the prosecution's case and warrants acquittal.
Mandatory compliance with procedural safeguards in narcotics investigations is essential to establish the legality of evidence and support prosecution claims.
The presence of Gazetted Officers during the recovery of contraband exempted the case from Section 42(2) of the NDPS Act, and the prosecution proved possession beyond reasonable doubt.
Compliance with Section 52A of the NDPS Act is crucial for the admissibility of evidence; failure to adhere to its provisions can lead to acquittal.
The central legal point established in the judgment is the requirement of strict compliance with the procedural provisions of the NDPS Act, particularly Section 52A(2), (3) and (4), for seizure and s....
The court held that the prosecution's reliance on police witnesses is valid despite absence of independent witnesses, emphasizing that procedural defects in sample collection did not automatically in....
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