In a recent judgment, a Chennai Sessions Court discharged Nag Narayan Prasad in a narcotics prosecution, primarily due to procedural deficiencies that impaired the prosecution’s evidentiary basis. The court's decision highlights the mandatory requirement of translating witness statements into a language comprehensible to the court, reaffirming procedural safeguards in criminal trials.
The case arose from the interception of a parcel in March 2021, containing approximately 4.6 kilograms of hashish concealed within 38 woollen sheep-shaped toys. The parcel, booked under the name of a sender from Bengal, was flagged during an X-ray inspection by authorities. Narcotics Control Bureau (NCB) officials confirmed the presence of contraband through field tests and commenced an investigation, culminating in the arrest of the accused, Nag Narayan Prasad, a resident of Kolkata.
The prosecution’s case relied heavily on statements from two individuals: Ranjith Singh, a courier operator in Chennai, and U Ismail of Dil Express, purportedly linking Prasad to the illicit consignment. However, Singh’s statement was submitted solely in Hindi, without any accompanying translation into Tamil or English.
The defense challenged the admissibility of the key witness statement on the ground that its presentation in Hindi without translation violated procedural norms and impeded judicial scrutiny. Additionally, the prosecution’s failure to produce these witnesses for examination, lack of direct recovery of contraband from the accused, and absence of documentary or transactional records naming Prasad cast doubt on the evidentiary chain. Photographic evidence was tendered without an identification parade, and digital evidence including CCTV footage lacked the prescribed certification. Further, the hotel manager, whose testimony could have corroborated the accused’s presence, was not called.
Presiding Judge S Govindharajan emphasized that “it is impossible to come to the conclusion whether there is something available against the accused” when a key witness statement is presented only in Hindi, a language not understood by the court, without any translation annexed. The court also noted that the non-examination of witnesses Singh and Ismail deprived the prosecution of a critical opportunity to substantiate its claims.
Moreover, the absence of any physical contraband seized from Prasad and his name missing from any official records further eroded the prosecution’s case. The court identified procedural lapses regarding photographic identifications and uncertified digital evidence as additional infirmities.
In view of the cumulative deficiencies, the court acquitted Nag Narayan Prasad, holding that the prosecution failed to establish guilt beyond reasonable doubt.
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