Gauhati High Court Acquits Two Men Convicted Under NDPS Act

Background

In a significant ruling, the Gauhati High Court has overturned the convictions of Debeswar Basumatary and Shajan Karki , who were sentenced to 12 years of rigorous imprisonment under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case stemmed from an incident on September 13, 2018, when authorities seized 102.5 kg of ganja from the accused during a routine check in Udalguri, Assam. The Special Judge had previously found them guilty based on the evidence presented.

Arguments

The defense argued that the prosecution's case was riddled with inconsistencies and procedural lapses. Key points raised included: - The failure to properly exhibit the forensic report confirming the substance as ganja. - Lack of independent witnesses during the seizure. - Non-compliance with Section 52A of the NDPS Act, which mandates proper inventory and certification of seized contraband. - The informant's deposition lacked authenticity due to missing signatures.

Conversely, the prosecution maintained that the evidence collected was sufficient to establish the guilt of the accused, emphasizing the quantity of the seized substance and the circumstances of the arrest.

Court's Analysis and Reasoning

The court meticulously examined the prosecution's evidence and found several critical flaws: - The forensic report, which was central to the prosecution's case, was not properly exhibited, leading to doubts about its reliability. - The informant's testimony was deemed unreliable due to procedural irregularities, including the absence of his signature on the deposition. - The court highlighted the failure to comply with mandatory provisions of the NDPS Act, particularly regarding the handling and documentation of the seized contraband.

The judges noted that without proper evidence linking the seized substance to the accused, the prosecution could not establish a prima facie case.

Decision

Ultimately, the Gauhati High Court acquitted both Debeswar Basumatary and Shajan Karki of all charges, citing significant procedural irregularities and the prosecution's failure to provide reliable evidence. The court's decision underscores the importance of adhering to legal protocols in drug-related cases and reinforces the principle that the burden of proof lies with the prosecution. The judgment not only frees the accused but also serves as a reminder of the judicial system's commitment to upholding justice.