Mumbai News: NDPS Court Allows NCB To Use True Copies After 2004 Buprenorphine Case Records Lost In Fire & Rain, Trial To Begin After 20 Years

Mumbai: The special Narcotic Drugs and Psychotropic Substances (NDPS) court has come to the rescue of the Narcotics Control Bureau (NCB) in a 2004 case, wherein the agency lost original records in a fire as well as due to heavy rains in 2013. The court has allowed the NCB’s plea to present the true copy of the original records during the trial which is yet to commence.

Case Background

The case pertains to seizure of 20,000 ampules of Buprenorphine injections on April 1, 2004, with the agency booking 14 persons for running a racket. The charges were framed only in December last year and the case is now set for trial after more than 20 years.

Records Lost

As the trial was to commence, the prosecution moved a plea stating that the agency has lost all the original records pertaining to the case, on several accounts. It claimed that some papers were lost in shifting of the office, some were lost in fire and some were during heavy rain.

It was claimed that on July 3, 2013, fire broke out on the third floor, where the CBT module room computers and the ‘Y’ room computers and server were damaged. However, maal khana (physical evidence room), arms and ammunition, record room and the remaining portion was saved, except for little damage due to water logging and smoke.

Before the fire incident, there was damage in the room due to heavy rain. In these two incidents a significant number of records were lost. Hence the prosecution sought to rely on the true copies of the original record.

Defence Objection

The plea was, however, opposed by the defence lawyers. It was contended that the agency has not demonstrated that the original documents are lost or destroyed despite diligent and reasonable efforts. Such loss is not attributable to their own negligence, mala fide or default.

Court Decision

The court noted that the ground raised by the agency of destruction of records in heavy rain was not supported by any documentary or oral material. Vis-à-vis destruction of records due to fire, the court noted that it was supported by the report of NCB zonal director, Mumbai.

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Satisfied with the fire argument, the court said, “The complainant (agency) has demonstrated that the original document is unavailable... It is not attributed to the fault of the complainant. The documents are relevant and necessary for just and proper adjudication of the case.”