HC sets aside conviction of 2 persons in drugs seizure case

Guwahati: Gauhati High Court, while setting aside a trial court’s judgment convicting two persons in a drugs seizure case pointing out serious procedural lapses during investigation, said “it cannot be a mute spectator” and directed the DGP to make an enquiry regarding the status of disposal of the alleged seized contraband and file a report before the court.
The court of Justice Arun Dev Choudhury was hearing an appeal filed by Lanahmai Stephen Thingao and Veipuh Prou alias Roku Baipu of Manipur challenging the judgment and order of conviction passed by special judge, NDPS, Karbi Anglong on July 27 last year sentencing them to go under rigorous imprisonment for 10 years with a fine of Rs 50,000 for offence under Narcotic Drugs and Psychotropic Substances Act, 1985. They were arrested by the police in May 2022 with 1.99 kg suspected heroin allegedly in their possession.
Senior counsel AM Bora, who appeared for the petitioners, argued that the articles alleged to have been seized were not kept in safe custody from the time of alleged seizure till its production before the magistrate, raising a serious doubt whether the materials produced were actually the seized materials. He strenuously argued non-compliance of certain provisions of the NDPS Act as well.
After hearing the arguments of both the parties, the court stated that “there were serious lapses and there is total non-compliance of Section 42 and 52A of the NDPS act, which shall vitiate the entire trial.”
Meanwhile, the court stated that a very disturbing fact emerges from the evidence of the investigating officer (I/O) that the “I/O is not aware of the whereabouts of the drugs seized.” The high court further noted that the trial court records or the records of magistrate do not disclose anything as regards availability of the contraband under court’s custody nor there is any material showing disposal of the substance.