NDPS Act | Calcutta High Court Refuses To Quash Proceedings Against Ex-CPI(M) Leader Accused Of Smuggling 3400 Kgs Of ‘Poppy Seeds’

The Calcutta High Court has refused to quash criminal proceedings against former CPI(M) leader and alleged fake currency racketeer Mr. Asadullah Biswas, accused under the Narcotic Drugs & Psychotropic Substances Act, 1985 (“NDPS Act”) for allegedly storing and transporting 3400 kgs of poppy seeds, from a storage facility owned by him.

The Bench comprising Justice Shampa (Dutt) Paul while directing the matter to proceed towards trial, has held that:

"The prima facie case of the prosecution (NCB) against the petitioner Ashadullah Biswas is that he stores contraband in his godown and a huge quantity of poppy straw (85 bags each containing 40 kgs, total 3400 kgs) was loaded for transportation from the godown of Ashadullah Biswas. Further case is that Ashadullah Biswas, the petitioner on regular basis stores poppy straw (contraband) unlawfully in his godown and transports the same to different parts of the country. The said fact has been stated by a co-accused. Other than the said statements there are also other materials on record to show that there is a prima facie case against the petitioner to proceed towards trial.”

BACKGROUND FACTS

The Narcotics Control Bureau (NCB) alleged that Ashadullah Biswas ("Petitioner") stores contraband in his godown and a huge quantity of poppy straw (85 bags each containing 40 kgs, total of 3400 kgs) was loaded for transportation from his godown. Further, the Petitioner on a regular basis stores poppy straw (contraband) unlawfully in his godown and transports the same to different parts of the country. The Vehicle Driver  stated the aforementioned facts and said that the he was directed to deliver the contraband articles to one Mr. Rupesh Agarwal. 

The Petitioner submitted that he is repeatedly targeted by the Police due to his previous affiliations with an erstwhile ruling political party. The raid was conducted by NCB on the Petitioner's associates without gathering any incriminating material or evidence against him. When the NCB interrogated the Petitioner, he was already under judicial custody in another matter at the Malda Correctional home. During the entire series of events beginning with the seizure of the contraband to the preliminary investigation, the Petitioner himself was in judicial custody and hence, could not have committed the alleged offences. The Petitioner cannot be charged solely on the basis of the statement of a co-accused.

The NCB argued that the Vehicle Driver revealed that the goods had been loaded from a godown that belonged to the Petitioner. Thereafter the Driver made contradictory statements about his dealings with the Petitioner, and that without a full-fledged trial, it would be difficult to verify his statements.

NCB submitted that Rupesh Agarwal was not cooperative with the investigating officer even after directions of the High Court. The connection of the Petitioner to the seizure had been drawn on the basis of spot interrogation and voluntary statements of those who were caught with the contraband.

The Petitioner filed a Criminal Revision before the High Court, seeking quashing of proceedings under the NDPS Act against him pending before Additional Sessions Judge, Howrah. 

HIGH COURT VERDICT 

The Court opined that the questions raised by the NCB indicated that there was a prima facie case against the Petitioner, which warranted going to trial. Accordingly, the revisional application was dismissed.

Case Title: Ashadullah Biswas @ Asadulla Biswas v The Union of India & Anr.

Citation: 2023 LiveLaw (Cal) 250

Case No.: CRR 2066 of 2019

Counsel for Petitioner: Mr. Milon Mukherjee, Sr.Adv. and Mr. Dipayan Kundu.

Counsel for Respondents: Mr. Uttam Basak, Mr. Debabrata Ray, Mr. Avijit Addy, Ms. Sarbani Mukhopadhyay, and Mr. Soumik Mondal.

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