Tripura HC directs refresher programme on NDPS cases for officials, noting gross lapses in drug trafficking case

The Tripura High Court has directed the Tripura Judicial Academy to organize a refresher program on investigation and trial under the NDPS Act, 1985.

This program will involve Special Judges, Prosecutors of the Trial Courts and Police Officers handling cases under the Act. The directive came from Justice S. Datta Purkayastha while passing a judgment in a case against Saha Alam, a Bangladeshi national who was detained on September 10, 2022.

Saha Alam was found near the Indo-Bangla border fence, carrying 7.5 kg of dry ganja in four packets near BP No.2091/15S, under Shalpukur BOP. He was subsequently tried under Section 20(b)(ii)(B) of the NDPS Act and Section 3 of the Passport (Entry into India) Act, 1920. He denied the charges.

During the trial, the prosecution examined a total of eight witnesses. The Special Judge of Sepahijala, Sonamura, found the appellant guilty of the offenses. The High Court order stated that the prosecution satisfactorily established that suspected contraband items were seized at the alleged time and place within the jurisdiction of Shalpukur BOP. Officer-in-Charge Nandan Das of Jatrapur Police Station, who was also the seizing officer, was present during the search. At the time, Nandan Das was a Gazetted officer holding the position of Inspector of Police.

However, the Court pointed out significant lapses in the prosecution's case. The evidence from the Deputy Director of the State Forensic Science Laboratory and investigating Officer H. Darlong, along with the documents presented revealed gaps in proving the charge under the NDPS Act. Notably, there was no clarity on where the seized items were kept from the time of seizure until September 13, 2022. This failure to maintain the chain of custody weakened the case, as it could not be conclusively proven that the seized items were the same as those sent for forensic testing.

The Court expressed concern over how the serious case of cross-border drug trafficking was handled by the police, prosecution and judiciary. The trial judge was advised to be more diligent from the stage of framing charges and to have a clear understanding of the evidence on record.

The High Court acquitted Saha Alam of charges under Section 20(b)(ii)(B) of the NDPS Act, 1985, while affirming his conviction under the Passport (Entry into India) Act, 1920. Since he had already served his sentence under the latter Act, the Court ordered his immediate release and directed the Superintendent of Sonamura Sub-Jail to repatriate him to Bangladesh in accordance with legal procedures.

The Court further directed the Director of the Tripura Judicial Academy to organize a refresher program on the NDPS Act for relevant legal and law enforcement personnel. The Law Department of the Government of Tripura was also encouraged to hold a similar program at the Law Training Institute & Research Centre, Agartala, for Prosecutors and Police Officers.