Accused Md Kari Alias Md Jiyauddin Secures Bail Due to Prosecution Lapses in Chain of Custody and Ambiguous FSL Report
In a significant development, the Gauhati High Court has granted bail to Md Kari Alias Md Jiyauddin, an accused in a high-profile case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The judgment, delivered by Justice Sanjeev Kumar Sharma, cited lapses in the prosecution's chain of custody and the lack of a clear Forensic Science Laboratory (FSL) report as pivotal reasons for granting bail.
Md Kari Alias Md Jiyauddin, arrested on June 16, 2020, was implicated in the transportation of a substantial quantity of contraband, allegedly consisting of ganja. The prosecution's case was built on the seizure of 484.3 kilograms of suspected ganja from a truck, along with statements recorded under Section 67 of the NDPS Act.
However, the court found that the prosecution had failed to maintain an unbroken chain of custody for the seized substance. Justice Sharma noted significant procedural lapses, including unsecured transit times and unauthorized access to storage areas, which raised doubts about the integrity of the evidence.
Moreover, the FSL report did not definitively identify the seized substance as "ganja" as per the NDPS Act's definition. These findings mirrored those in the trial court, which had acquitted co-accused individuals based on similar grounds.
In light of these circumstances, the Gauhati High Court determined that there were reasonable grounds to believe that Md Kari was not guilty of the alleged offense. Additionally, the court observed that the accused did not have a history of criminal antecedents, further supporting the decision to grant bail.
The bail was granted with conditions, including the furnishing of a bail bond of Rs.1,00,000/- with two local sureties. Md Kari is also required to participate in trial proceedings and refrain from influencing witnesses.
This judgment underscores the importance of procedural integrity in criminal cases and highlights the court's role in ensuring justice is served, even in complex cases involving narcotics.
Bottom Line:
Bail in NDPS Act cases - Accused can be granted bail if the prosecution fails to establish an unbroken chain of custody of the contraband, and there is no clear FSL report confirming the seized substance as "ganja" under the Act.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 Sections 8(c), 20(b)(ii)(C), 29, 37; Criminal Procedure Code Sections 50, 50A.
Md Kari Alias Md Jiyauddin v. Union of India, (Gauhati) : Law Finder Doc id # 2842823
