Tripura HC directs refresher programme on NDPS cases for judicial officers, prosecutors, cops

The Tripura High Court has directed the Tripura Judicial Academy to organise a refresher programme on investigation and trial under NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 involving the special judges, prosecutors of the trial courts and police officers dealing with cases under the said Act.

Justice of Tripura High Court S. Datta Purkayastha, said this while passing a judgement of a case against one Saha Alam, a resident of Bangladesh, on September 10, 2022.

He was found approaching Indo-Bangla border fencing with 4 packets of dry  Ganja of weight 7.5 kg near BP No.2091/15S under Shalpukur BOP and accordingly, he was tried under Section 20(b)(ii)(B) of NDPS  Act and also under Section 3 of Passport (Entry into India) Act, 1920 as he denied the charges.

“During trial, prosecution examined total of 8 witnesses and finally, the Special Judge Sepahijala, Sonamura, found the appellant guilty of above said offences”, the order of HC reads.

After hearing both sides, the HC order said that through the evidence, it is satisfactorily established by the prosecution that some suspected contraband items were seized on the alleged date and time near said gate No.2091/15S situated at Birampur area which was within the jurisdiction of Shalpukur BOP. 

“From the evidence, it is also established that Officer-in Charge Jatrapur Police station Nandan Das, was present during search and in fact, he himself seized those items on recovery from the appellant. Nandan Das was at that time a Gazetted officer holding the post of Inspector of police."

The Court further pointed out that on consideration of the evidence of Deputy Director of State Forensic Science laboratory and investigating officer, H. Darlong and also on consideration of the proved documents in that contexts, some gross lapses are also noticed in the record in proving the charge under NDPS Act against the appellant by the prosecution.

The order further stated that both the O/C of the police station and investigating officer are silent as to where those seized items were kept from the time of seizure till 13.9.2022. 

The Court observed that all these lapses in the evidence fails to connect the alleged seized items recovered from the appellant with the samples as were sent to the Forensic Laboratory and resultantly the continuity of the entire chain of events to establish the charge framed under the provision of NDPS Act has broken.

“… Court also by the same time expresses its disquiet without any quandary about the way as to how a serious case of cross-border drug trafficking was flippantly dealt with by the major stakeholders like police authority, prosecutor as well as by the Court”, the HC order said.

The HC also pointed out that it was also observed therein that the trial judge should be very sensitive from the stage of framing of charge and must have an idea about the materials on record.

Acquitting from the charge framed under Section 20(b)(ii)(B) of NDPS Act, 1985, the HC said, “His conviction and sentence under the Passport (Entry into India) Act, 1920 and related Rules  thereof are affirmed. He has already suffered the sentence imposed under above said provision of Section 3 of Passport (Entry into India)  Act, 1920. Therefore, the Registry is directed to immediately issue release warrant of the appellant, Saha Alam in connection with the present case. The concerned Superintendent of Sonamura Sub-Jail will take necessary step immediately for repatriation of the appellant to Bangladesh in accordance with the procedure of law as ordered by the Ld. Special Judge”.

The court also directed, “The Director, Tripura Judicial Academy will organise a refresher programme on investigation and trial under NDPS Act, 1985 involving the special judges, prosecutors of the trial courts and police officers dealing with cases under said Act, on any suitable date. Similar programme may also be organised by L.R. & Secretary, law department, Govt. of Tripura in Law Training Institute & Research Centre, Agartala comprising of such prosecutors and police officers”.