AT Photo: Gauhati High Court
Guwahati, Sept 26: The investigation officer of a case related to a big drugs haul in Karbi Anglong is not aware of the whereabouts of the seized contraband, in an incident that has prompted the Gauhati High Court to direct the DGP to inquire into the status of the seized drugs. Around 1,995.29 grams (152 boxes) of suspected heroin was seized from a vehicle at Dillai on May 8, 2022. Two persons were arrested from the vehicle.
In July last year, the local court in Karbi Anglong convicted the two accused and was imprisoned for ten years.
The judgement was challenged in the High Court. Following submissions from both sides, a single bench of the High Court quashed the lower court order after finding a violation of the NDPS, Act.
"A very disturbing fact emerges from the evidence of the IO that he is not aware of the whereabouts of the drugs seized. Neither it was exhibited in the trial nor could anything be brought on record as regards the destruction of such a huge quantity of the alleged contraband. Though it is deposed by the IO that it was sent to the court, the IO has failed to bring on record or to produce anything to show that it was sent to the custody of the court," the HC order said.
A magistrate had directed the Officer-in-Charge, Dillai police station to make necessary prayer for disposal of the said substances before the District Drug Disposal Committee within thirty days from receipt of the chemical analysis report of the said substance from the Forensic Science Laboratory and the Drug Disposal Committee shall decide in this regard as per law.
"The trial court records or the records of Magistrate also do not disclose anything as regards the availability of same under court's custody nor there is any material showing the disposal of the substance. Thus the seized contraband is neither available in the Malkhana of the police station nor the court nor anything on record available as regards any direction issued by the District Drug Disposal Committee for disposal of the seized narcotic... No satisfactory material is available suggesting that narcotic drugs alleged to have been recovered have already been disposed," the bench of Justice AD Choudhury said.
The HC also found non- compliance with Section 42 of the NDPS Act which relates to search, seizure, disposal of narcotics, etc, and also 52A of the Act which is crucial for ensuring that the evidence collected is admissible in court.
There were serious doubts as regards the time and place of sealing the alleged contra- band and whether it was sealed at the spot in the presence of the independent witness and sealed at any other place that too in the presence of witnesses.
The HC also directed the Registrar (Vigilance) to obtain a report from the District & Sessions Judge, Karbi Anglong as well as from the District Drug Disposal Committee regarding the disposal of the narcotics in the case.
By
Rituraj Borthakur
