Calcutta High Court Refused to Quash Trial Under NDPS Act Against Ex-CPI(M) Leader – Prima Facie Case Made Out.

In a significant ruling, the Calcutta High Court, presided over by Justice Shampa Dutt (Paul), delivered a verdict affirming the continuation of proceedings in a high-profile narcotics case. The judgment, issued on August 29, 2023, dismisses the petitioner's plea to quash the case and orders the trial to proceed.

The case, CRR 2066 of 2019, revolves around allegations of involvement in storing and transporting contraband under Sections 8(c), 15(c), and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The petitioner, Ashadullah Biswas, sought to quash the proceedings, asserting lack of substantial evidence and arguing that his involvement was based solely on the statements of co-accused individuals.

The Hon’ble Justice Shampa Dutt (Paul) observed, "Prima facie case of the prosecution against the petitioner Ashadullah Biswas is that he stores contraband in his godown and a huge quantity of poppy straw was loaded for transportation from his godown." The court highlighted the principle that confessions of co-accused should be considered along with other evidence and not solely relied upon. The judgment cited relevant legal precedents, including the decision in Sanjay Dutt vs The State of Maharashtra, which underscores the importance of corroborating evidence in such cases.

The court further acknowledged the directions for further investigation and the appointment of a new investigating officer to ensure a thorough probe. This move was aimed at addressing the contradictory statements made by the co-accused and assessing the involvement of the petitioner in the case.

Justice Shampa Dutt (Paul) upheld the prima facie case against the petitioner, Ashadullah Biswas, based on the available evidence and the statements of co-accused individuals. The court dismissed the revision and directed the trial to proceed against the petitioner.

This judgment reaffirms the court's commitment to upholding due process and ensuring that cases are determined on the basis of sufficient and credible evidence. The decision serves as a significant precedent in the realm of narcotics cases and the use of co-accused confessions as evidence.

Date of Decision: 29.08.2023

Ashadullah Biswas @ Asadulla Biswas  vs The Union of India & Anr.