Calcutta High Court Grants Bail to Two Convicts Due to Non-compliance with NDPS Act Provisions
In a significant development, the Calcutta High Court has granted bail to Nishikanta Hawladar and Soumen Mondal, who were previously convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision, delivered by a division bench comprising Justices Arijit Banerjee and Apurba Sinha Ray, cited procedural lapses in the handling of the case as the primary reason for the suspension of their sentence.
The appellants, who had been in judicial custody for over two years, were convicted by a Special Court in Nadia for possessing 81.303 kilograms of ganja. However, the High Court identified multiple procedural irregularities, including improper handling and mixing of contraband, non-examination of key witnesses like the Gazetted Officer and Judicial Magistrate, and failure to comply with mandatory provisions under the NDPS Act. These lapses were deemed sufficient to warrant the suspension of their sentence and grant of bail.
The court observed that the contraband was seized from a vehicle and not directly from the appellants, thus not invoking the rigors of Section 50 of the NDPS Act, which mandates that the accused be informed of their right to be searched in the presence of a Magistrate or a Gazetted Officer. Furthermore, the process of weighing and certifying the seized contraband was found to be flawed, as the initial 80 packets were mixed into two larger sacks without proper authorization or documentation.
The prosecution's failure to produce the Gazetted Officer and the Judicial Magistrate as witnesses further weakened the case. The court noted that these procedural deficiencies diluted the applicability of Section 37 of the NDPS Act, which typically restricts the granting of bail in such cases.
The High Court has set stringent conditions for bail, requiring the appellants to remain within the jurisdiction of Hogalberia Police Station and report periodically to the police. They are also mandated to attend all court hearings related to their appeal, with the court warning that non-compliance would result in the cancellation of bail.
This judgment underscores the critical importance of adhering to procedural protocols in NDPS cases, highlighting how lapses can significantly impact the legal outcomes, even in cases involving serious charges.
Bottom Line:
Suspension of sentence and bail granted due to procedural lapses in handling and sampling of contraband, non-examination of key witnesses, and improper compliance with mandatory provisions under the Act.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 37, 50, 52A
