Anwar Alam had been the first convict to be sentenced to death following an amendment to the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 2001.

On Monday, Calcutta High Court commuted the death sentence to 15 years’ rigorous imprisonment on the grounds that police had failed to investigate the case properly.

“The investigating authority had failed to abide by the provisions of the amended NDPS Act and the trial court, subsequently, failed to conduct a proper trial of the accused,” the division bench of Justice A.K. Basu and Justice T.K. Giri observed.

The NDPS Act was amended to incorporate a provision for awarding capital punishment to a convict caught for the second time with a “huge quantity” of narcotics.

Alam’s second arrest was on January 24, 1997, while the case related to the first was pending at the Barasat court.

According to the case diary, a team from the detective department of the city police received a tip-off and raided a drug den on BT Road, in north Calcutta, arresting Alam, Dipak Giri and Jamat Ali Mondal. While Anwar was caught possessing two kg of a narcotic, around 400 g of another drug was found on Dipak. Police seized Rs 35,000 from Jamat.

Investigation revealed that Alam had earlier been arrested in 1995 with a kg of a narcotic on him. Dipak and Jamat were caught for the first time.

The trial of the trio started before the additional sessions judge of Alipore court. In November 2004, the judge sentenced Alam to death under the NDPS Act and Dipak to 15 years’ imprisonment. Jamat was acquitted of all charges.

Both Alam and Dipak moved the high court against the trial court’s order.

Opposing their plea, public prosecutor Kazi Safiullah said the NDPS Act was amended so that the court could take “strong penal measures” against convicts. The appellants’ lawyers, on the other hand, pleaded acquittal of their clients.

After hearing both sides, the high court commuted the sentences of both convicts. While Alam was awarded 15 years’ imprisonment, Dipak’s prison term was reduced to 10 years.