Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police (North Bengal) to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.

A division bench of Justices Harish Tandon and Supratim Bhattacharya was hearing an application for bail by an accused who was allegedly apprehended with commercial quantities of brown sugar and 'Cefrex' cough syrup.

Counsel for the petitioner pointed out to the Court that while the seizure list reveals 265 grams of brown sugar were seized along with 22 bottles of cough syrup, the certificate by the judicial magistrate mentions 190 grams of brown sugar and 2 bottles of the said cough syrup.

In taking note of these discrepancies, the bench held that there was a stark difference in the figures of the seizure list and that in the certificate of the magistrate, and that while the seizure list revealed a commercial quantity, the magistrate's certificate said otherwise.

If the certificate issued by the Judicial Officer is taken to be sacrosanct, which ought to be, the quantity so revealed is below the commercial quantity. State is unable to disclose such alarming difference in the total weights in absence of an instruction from the investigating officer. Under Section 52A of the NDPS Act the entire seized contraband should be produced before the Magistrate. We feel that an investigation is required to be made and direct the Additional Director General of Police, North Bengal to personally look into the matter and submit a report to this Court within ten days, it said.

Counsel for the petitioner prayed for bail on the ground that the certificate of the judicial magistrate, which was sacrosanct under the NDPS Act, showed that the quantity seized was below the commercial quantity.

Court however directed a probe into the difference in weights but refrained from granting bail till a report was filed by the A-DGP.

It also gave liberty to the officer to take any appropriate steps against the people found responsible for such discrepancies and serious lapses so that the recurrence is completely stopped.