Kolkata: The Calcutta High Court has upheld the acceptance of a supplementary charge sheet filed at an advanced stage of a trial under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that further investigation into allegedly illegally acquired property can continue even when a criminal trial is nearing completion.
Justice Ajoy Kumar Mukherjee observed that proceedings relating to attachment and forfeiture of property under the NDPS Act are independent of the main criminal prosecution, though they may run parallel to it, and that acceptance of a supplementary charge sheet amounts to judicial ratification of further investigation.
The case arose from a raid conducted in February 2022 at a premises in Murshidabad district, where authorities claimed to have detected a narcotics manufacturing unit. Investigators recovered heroin, psychotropic substances, chemical materials, cash, and equipment allegedly used for manufacturing and packaging drugs. A charge sheet was filed later that year, and the trial progressed substantially.
In August 2025, the investigating agency submitted a supplementary charge sheet following a financial investigation that led to freezing orders against properties alleged to be illegally acquired, based mainly on bank records.
The accused challenged the move, arguing that the supplementary charge sheet was filed at a late stage of the trial without prior court permission and that forfeiture proceedings under the NDPS Act were civil and administrative in nature, distinct from the criminal trial.
Rejecting the challenge, the High Court observed that forfeiture provisions under the NDPS Act are regulatory measures intended to prevent alleged traffickers from enjoying the proceeds of crime and do not amount to punishment.
The court clarified that acceptance of a supplementary charge sheet does not automatically establish the truth of the documents relied upon by the prosecution, which must be proved during trial, and that the accused retains the right to cross-examine the investigating officer. The court directed the trial court to conduct proceedings on a day-to-day basis and conclude the trial preferably within three months from the next date of hearing.