Prosecution Fails to Prove Complicity of Accused Due to Lack of Direct Evidence; Acquitted Under Section 27A for Insufficient Evidence of Financing - Calcutta High Court

In a significant judgment, the Calcutta High Court has acquitted Login Das while maintaining the conviction of Narayan Yadav under Section 21(c) of the NDPS Act but setting aside his conviction under Section 27A.

The case primarily revolved around the interpretation and application of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly Sections 21(c) and 27A, dealing with possession and financing of illegal narcotics trade.

The appellants, Narayan Yadav and Login Das, were convicted for offences under Sections 21(c) and 27A of the NDPS Act. The case involved the recovery of phensedyl cough syrup from Yadav and alleged financing of the illegal narcotics trade.

Detailed Court Assessment:

Recovery from Narayan Yadav: The Court observed that the recovery of narcotics from Narayan Yadav's residence was duly established. Despite no independent witnesses, the consistency in official witnesses' testimonies and corroborative documentary evidence were deemed sufficient.

Compliance with Procedural Aspects: The Court noted that compliance with Section 42(2) of the NDPS Act was not required due to the presence of gazetted officers during the raid. The chain of custody and compliance with Section 52A were adequately maintained, as evidenced by the certification of the seized narcotics by the Judicial Magistrate.

Absence of Direct Evidence Against Login Das: The Court found that the prosecution failed to prove Login Das's complicity due to the lack of direct evidence. The reliance on a seizure list from another case was insufficient to establish his involvement in the narcotics trade, leading to his acquittal.

Conviction under Section 21(c) and Acquittal under Section 27A for Narayan Yadav: While Yadav's conviction under Section 21(c) was upheld due to the established recovery of narcotics, his conviction under Section 27A was set aside due to insufficient evidence of his involvement in financing illegal trade.

Decision: The Court allowed the appeal CRA 97 of 2020, acquitting Login Das, and partly allowed the appeal CRA 236 of 2020, maintaining Narayan Yadav's conviction under Section 21(c) but acquitting him under Section 27A.

 Date of Decision: 05.04.2024.

Login Das @ Lagin Rabi Das Vs. The State of West Bengal and Narayan Yadav @ Jadab Vs. The State of West Bengal,