[Drug Menace] 'Police Not Serious In Acting Against Kingpins; Gaps Are Deliberately Left For Bigger Fish To Slip Out': Calcutta HC [Read Order]

The Court rapped the State Police for presenting drug-related matters before the Court in such a way that the court has no option but to grant bail to the accused person.

The Division Bench of Justice Sanjib Banerjee and Justice Aniruddha Roy even said that the "investigating agency takes no steps to unearth any material against the bigger players" and that "it appears that gaps are deliberately left for the bigger fish to slip out".

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.

Court's Observations

The Court said it is elementary that some nexus of the arrested person with the commission of an offence must be evident for a prima facie view in such regard to be formed by the court.

Often times, the Court noted, persons are arrested merely on the basis of the statements of others who are found to be in possession of drugs.

The Court was of the view that, 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 such bigger players for a prima facie case to be found.

The Court further observed,

"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 axe to grind and suggest that such a person was named by the arrested possessor of drugs."

In the context of the present case, the Court noted,

"There was no independent material against the present petitioner, though it was 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."

As far as the case of the present petitioner was concerned, the Court didn't find any independent material against him other than the alleged statement of a person arrested upon being found in possession of drugs, the petitioner was thus, granted bail.

Lastly, the Court directed that a copy of the order be forwarded to the Chief Secretary of the State and another to the Director-General of State police for appropriate measures to be taken.

Case Details:

Case Title: Hiten Roy @ Hiru v. State of West Bengal

Case No.: CRM 6381 of 2020 with CRAN 1 of 2020

Quorum: Justice Sanjib Banerjee and Justice Aniruddha Roy

Appearance: Advocate Sayan De (for the Petitioner); Aditi Sankar Chakraborty and Tapan Bhattacharya (for state).