On Friday, Calcutta High Court observed that the hazards of drug trade cannot be controlled unless and until the investigation agency is active and serious in taking necessary steps against the big players. The Court rapped the State Police for presenting drug-related matters before in such a way that they are left with no option but to grant bail to the accused person.
The Court was hearing an application for bail filed under Section 439 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No.19 of 2020 dated 11.01.2020 under sections 25(1A)/25(1B)/35 of the Arms Act read with Section 21 (C) of the NDPS Act.
As per the Court’s observation;
“It is elementary that some nexus of the arrested person with the commission of an offense must be evident for a prima facie view in such regard to be formed by the court. Often times, persons are arrested merely on the basis of the statements of others who are found to be in possession of drugs. While it cannot be lost sight of that the bigger players use mules on the streets; when such mules name the bigger players, some independent material must exist against much bigger players for a prima facie case to be found.” The Court further observed that the,
“If the courts were to be guided merely by the statements or alleged statements of the persons found to be in possession of contraband, there would be anarchy. Nothing stops the investigating agency from naming any person against whom the investigator may have an ax to grind and suggest that such a person was named by the arrested possessor of drugs.” As per the present case, the Court noted that,
“In the present case, there is no independent material against the present petitioner, though it is more than likely that the present petitioner may be the kingpin of the racket. Courts cannot go by impression and hard facts and material are necessary even to form a prima facie opinion.”
For the present petitioner case, Court District finds any material or proof against him rather than a statement of a person arrested being found in possession of drugs. Thus, the petitioner was granted bail. Lastly, the Court further directed that a copy of the order be forwarded to the Chief Secretary of State and Director-General of State of Police for the necessary measures to be taken.