PAMELA GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An order dtd. 3/6/2021 passed by the learned 4th Additional Sessions Judge-cum- Judge Special Court under NDPS Act, Alipore, South 24 Parganas in NDPS Case No. 17 of 2021 is under challenge in the instant revision.

(2.) The petitioner was travelling in a Honda BR-V car on 19 th February, 2021 along with two other persons. The said car was intercepted by police attached to Alipore Police Station and narcotic substances, viz., cocaine weighing about 76 Gms was recovered from the rear zip cover of the front seat and under driver's seat of the said vehicle. With the recovery and seizure of narcotic substance police registered a case under Sec. 21(b)/29 of the NDPS Act, 1985 against the present petitioner and two other persons. Subsequently, investigation of the case was taken over by the detective department constituting a Special Investigating Team (SIT). After investigation it was found that one Rakesh Kumar Singh along with others out of animosity against the present petitioner and other two travellers of the said car planted narcotic substances in the said car. The petitioner had no knowledge about such plantation of narcotic substances and she was neither in physical or constructive possession of the said contraband articles. On such finding the Investigating Officer prayed for discharging the present petitioner on the ground that no evidence could be collected against her and two others.

(3.) The final report was produced before the learned Special Judge for acceptance. Vide order dated 3 rd June, 2021 the learned Sessions Judge rejected the prayer of the de facto complainant mainly on the ground that "Ss. 35 and 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985 raise presumption with regard to culpable mental state on the part of the accused as also place burden of proof in his behalf on the accused, but a bare perusal of the said provision would clearly show that the presumption would operate in the trial of the accused only in the event of circumstances contained therein are fully satisfied. An initial burden exists upon the prosecution and only when it stands satisfied, the legal burden would shift.."