Case papers destroyed in fire: Court allows NCB to present copies of original documents

Judicial Crackdown

Posted by AI on 2025-08-25 16:14:58 | Last Updated by AI on 2025-08-25 19:16:49

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A special court has allowed the Narcotics Control Bureau (NCB) to present secondary evidence or copies of the original documents in a 20-year drug case, as the original case papers were destroyed in a fire in 2013. The order was granted on the condition that the prosecution must conclude the trial within the next two months.

The case involves the illegal purchase, sale, and dealings of "Bunogesic Injection," and the destruction of the original records was attributed to a fire that broke out due to a defective electric circuit, causing minor damage to some documents in the record room. The judge accepted the NCB's explanation for the destruction of the records, ruling that the bureau was not at fault for the incident.

However, the defence strongly opposed the application, arguing that the NCB had not provided details of the time, date, and manner of the documents' destruction, and that the loss was not proven to be beyond the bureau's negligence or default. The accused highlighted contradictions in the NCB's explanation for the destruction of the documents and contended that the application should be dismissed.

Despite the defence's opposition, the court ruled that under the Bharatiya Sakshya Adhiniyam, secondary evidence could be admitted when original documents are unavailable due to reasons beyond control.

This decision highlights the difficulties in prosecuting drug cases in which the evidence has been destroyed, and it will be interesting to see how the defence proceeds with the case now that the court has allowed the NCB to present secondary evidence.

Go!