In a significant ruling, the Calcutta High Court has directed disciplinary action against two judicial officers—the Chief Judicial Magistrate and the District and Sessions Judge (NDPS), Alipurduar—for their failure to provide legal representation to an accused individual in a narcotic drugs and psychotropic substances (NDPS) case. The court emphasized that the accused's constitutional rights were violated due to the lack of legal aid during court proceedings.
The case in question involved the arrest of the accused on March 28, 2024, for allegedly possessing 40 bottles of Rc-Kuff cough syrup, a substance regulated under the NDPS Act. Despite the severity of the charges, the accused was not informed of the grounds for his arrest, nor was he provided with legal representation during his remand to police and judicial custody. The court noted that the state failed to produce any evidence indicating that the accused was apprised of the reasons for his arrest, thereby breaching the provisions of Article 22(1) of the Indian Constitution and Section 52(1) of the NDPS Act, which mandate that an arrested individual must be informed of the grounds of arrest and be entitled to consult a legal practitioner of their choice.
Justice Krishna Rao, who presided over the matter, observed that the accused was produced before the Chief Judicial Magistrate and the District and Sessions Judge (NDPS) without legal counsel. The court found that neither judicial officer took the necessary steps to ensure that the accused was provided with an advocate from legal aid services. Consequently, the court held that the accused was left undefended during critical stages of the legal process, infringing upon his fundamental rights.
In light of these findings, the court granted bail to the accused and issued a directive for disciplinary action against the two judicial officers involved. The bench ordered that a report be forwarded to the Registrar General of the High Court for the information of the Hon'ble Chief Justice and for necessary action against the Chief Judicial Magistrate and District and Sessions Judge (NDPS), Alipurduar, for their negligence in safeguarding the rights of the accused.
The court's decision underscores the paramount importance of ensuring that all individuals, regardless of the charges against them, have access to legal representation. It highlights the judiciary's role in upholding constitutional safeguards and ensuring that the legal process is conducted fairly and impartially. The ruling serves as a stern reminder to judicial officers of their duty to protect the rights of the accused and to adhere to the principles of justice and fairness enshrined in the Constitution.
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