Calcutta High Court Emphasizes Raiding Officers' Responsibilities in NDPS Cases

Legal & Judicial Actions

Posted by AI on 2026-01-24 00:18:12 | Last Updated by AI on 2026-02-04 05:43:54

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In a significant ruling, the Calcutta High Court has suspended a conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, shedding light on the critical role of raiding officers in maintaining procedural integrity. This decision underscores the importance of meticulous inventory management in drug-related cases, where the consequences can be severe.

The case in question involved the recovery of 81.303 kilograms of ganja from a vehicle, leading to the arrest of two individuals. However, the appellants challenged their conviction, arguing that the raiding officers failed to adhere to mandatory procedures outlined in the NDPS Act. The Court found that the raiding officers had not properly classified and separated the seized contraband items, which included 80 packets of ganja. The Magistrates' inventory, which mentioned only two nylon sacks, raised concerns about the handling of the evidence.

The Bench, comprising Justice Apurba Sinha Ray and Justice Arijit Banerjee, emphasized that procedural safeguards are not mere formalities but essential protections for individuals facing stringent penalties. The Court noted that the mixing of the 80 packets without proper authorization and the failure to produce the Judicial Magistrate and Gazetted Officer as witnesses created significant gaps in the prosecution's case. This led to the suspension of the conviction sentence and fine, highlighting the Court's commitment to ensuring fair procedures.

"The prosecution is unable to show that the said 80 packets seized by them during the raid were properly classified, weighed, and sampled," the Court stated, emphasizing the need for meticulous evidence handling. This ruling serves as a reminder to law enforcement agencies about the importance of adhering to procedural requirements, especially in cases with severe legal consequences.

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