Lack of compliance with Section 52A of the NDPS Act and absence of independent witness testimony lead to acquittal of accused.
In a significant judgment delivered by the Calcutta High Court, four individuals, Samir Das @ Buro, Jahiruddin Sk., Gopal Das, and Bijoy Biswas, have been acquitted of charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court found that the prosecution failed to ensure compliance with essential procedural safeguards, leading to doubts about the integrity of the evidence.
The Division Bench, comprising Justices Mr. Arijit Banerjee and Apurba Sinha Ray, reviewed the case, where the appellants were previously convicted by the Special Court, NDPS Act, Nadia at Krishnagar. The prosecution's case fell apart due to multiple procedural lapses, primarily concerning the non-compliance with Section 52A of the NDPS Act, which mandates procedural safeguards in the handling of seized contraband substances.
The judgment emphasized the necessity of substantial compliance with Section 52A, which includes the preparation of an inventory, drawing of samples, and certification by a Magistrate. The court noted that the failure to produce independent witnesses and the absence of videographic evidence of the search and seizure proceedings significantly weakened the prosecution's case.
The court drew attention to the fact that the samples were drawn at the place of occurrence and later sent to a forensic lab, a process riddled with delays and non-compliance with mandated procedures. The court also highlighted the importance of videography and independent witness testimony, which were not adequately provided by the prosecution.
Citing the Supreme Court's judgment in Bharat Aambale vs. State of Chattisgarh, the Calcutta High Court reiterated that mere procedural lapses do not automatically lead to acquittal unless they create reasonable doubt about the prosecution's case. However, in this instance, the cumulative procedural lapses led the court to acquit the accused.
The judgment underscores the critical importance of adhering to procedural safeguards in drug-related offenses to ensure fairness and uphold the integrity of the judicial process.
Bottom Line:
NDPS Act - Substantial compliance with Section 52A of the Act is mandatory to ensure fairness in the process of seizure, sampling, and storage of contraband substances. Non-compliance or procedural lapses, such as absence of independent witnesses, lack of videography, or improper storage and inventory, can lead to acquittal of the accused.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 20(b)(ii)(c), 29, 52A, 54; Evidence Act, 1872 Section 3.
Jahiruddin Sk. v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2928815
