In a significant legal development, the Calcutta High Court has granted bail to Gouri Das, wife of the notorious Kolkata drug kingpin Joydeb Das, who had been sentenced to 15 years of rigorous imprisonment for drug trafficking. This decision comes after Gouri’s appeal highlighted procedural lapses in the seizure process of the contraband, resulting in her release after serving over three years as an undertrial and nearly five months as a convicted individual.
Background of the Case
Gouri Das was arrested on November 28, 2019, a day after her husband Joydeb Das’s arrest, and was subsequently charged under sections 29 and 20(b)(II)(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Joydeb, who had long evaded suspicion by posing as a social worker and running an NGO, was intercepted by police near New Dutta Nursery at Sealdah Court on November 27, 2019, with 1.1 kg of charas in his possession.
During the investigation, Joydeb admitted to storing substantial quantities of drugs at his residence in Tangra, implicating Gouri as an accomplice in his illegal activities. Police searches at their home led to the recovery of approximately 21.8 kg of ganja, cementing the charges against both individuals.
The Trial and Conviction
A special court in Alipore sentenced Gouri Das to 15 years of rigorous imprisonment and imposed a fine of Rs 1.5 lakh on April 8, 2024. Joydeb received a 20-year prison term along with a fine of Rs 2 lakh. Gouri’s conviction was based on her alleged role in facilitating and participating in the drug trafficking network orchestrated by her husband.
Grounds for Appeal
Gouri’s defence, represented by advocate Joy Chakraborty, argued that critical procedural violations marred the investigation, specifically the handling of the seized contraband. According to Section 52(A) of the NDPS Act, samples of seized drugs must be drawn in the presence of a Magistrate to ensure the integrity of the evidence. However, in Gouri’s case, samples were taken at the site of seizure, which her lawyer asserted was a direct violation of the prescribed legal norms.
Chakraborty emphasized that Gouri had no prior criminal record and was not a repeat offender. He further highlighted her role as a mother to two school-going children, stating that the continued execution of her sentence would cause “irreparable loss” to her family.
The Court’s Decision: Calcutta High Court has granted bail to Gouri Das
Considering the procedural lapses raised in the appeal, the Calcutta High Court acknowledged that the failure to adhere to Section 52(A) of the NDPS Act constituted a significant violation. This deviation from protocol played a pivotal role in the court’s decision to grant bail. The court’s ruling underscores the critical importance of strict compliance with legal procedures in drug-related cases to ensure fair trials and just outcomes.
An unnamed police officer confirmed the nature of the investigation, noting that while Joydeb’s statements led to the search and subsequent recovery of the contraband from their residence, the procedural breach in evidence handling created substantial grounds for Gouri’s release.
Implications and Public Reaction
The case has reignited discussions around procedural safeguards and the rights of accused individuals under the NDPS Act. Legal experts have pointed out that while the NDPS Act is stringent, procedural errors can lead to significant outcomes, including bail or acquittal.
The release of Gouri Das has sparked mixed reactions. While her legal team and supporters view it as a necessary correction of procedural missteps, critics argue that such decisions could potentially weaken the fight against organized drug networks. However, the High Court’s ruling underscores the principle that adherence to legal protocols is essential to maintaining the integrity of the judicial process.
Conclusion
The Calcutta High Court’s decision to grant bail to Gouri Das serves as a stark reminder of the importance of following legal procedures in criminal cases, especially those involving severe charges under the NDPS Act. As this case progresses, it will continue to shape the discourse on the balance between rigorous law enforcement and the safeguarding of procedural rights.
This development highlights the complex interplay between procedural adherence and substantive justice, a critical area of focus for legal professionals and public policy experts alike.