The Calcutta High Court has upheld the decision of Kolkata Police to discharge Bharatiya Janata Party youth wing leader Pamela Goswami in a narcotics case. The High Court in March 2023 had set aside an order by Additional Sessions Judge-cum-Judge Special Court under NDPS Act, Alipore, South 24 Parganas against Ms. Goswami and allowed revision of the order.
“In view of such circumstances, this Court is not in a position to agree with the finding made by the learned Special Judge in the order impugned. Accordingly, the order dated 3rd June, 2021 is set aside. The instant revision is, thus, allowed on contest,” Justice Bibek Chaudhuri said in an order dated March 16, 2023.
An investigation report by the Kolkata Police in May 2021 had also said that Ms. Goswami’s name “may be discharged from the case as allegations were not established during the course of investigation”. The Additional Session Judge had in June 202 ruled that in connection with the NDPS case against Mr. Goswami, the burden of proof lies on the accused and she will have to stand the trial.
The Calcutta High Court, in its order earlier this year that had said it is the “primary duty of the prosecution to prove the foundational fact of the prosecution case”. The High Court had also noted that in the ‘instant case no charge sheet has been filed by the Investigating Officer against the present petitioner on the ground that no evidence could be collected against her’.
Ms. Goswami was arrested by Kolkata Police on February 19, 2021 along with two other persons. The police allegedly seized 76 grams of cocaine from the car with which she and the two other accused were travelling. The two others arrested with the BJP youth wing leader were Prabeer Kumar Dey and Somnath Chatterjee. The arrests days before the Assembly polls in West Bengal had triggered a lot of media attention. Ms. Goswami had said in the courtroom that Rakesh Singh, a State BJP leader close to higher ups in the BJP had plotted her arrest.
“I want a CID investigation. Rakesh Singh is close to Kailash Vijayvargiya. Arrest him. This is his conspiracy. I have all the evidence,” Ms. Goswami had said after her arrest.
Ms. Goswami, a former fashion model and actress, was remanded in police custody till February 25. Claiming that Ms. Goswami had been “brainwashed” by Kolkata police and the ruling TMC, Mr. Singh said he was not in touch with her for over a year.
After the arrest of Ms. Goswami in February 2021, the Trinamool Congress had used the opportunity to target the BJP ahead of the State’s Assembly polls.
“No gentleman can be associated with a party like the BJP. Only criminals, drug addicts and peddlers are associated with a corrupt party like the BJP,” Firhad Hakim, a prominent Trinamool leader and Minister had said
Mr. Vijayvargiya, the BJP general secretary in-charge of West Bengal, said he has faith in the judicial system and law will take its own course.
Ms. Goswami had joined the BJP in 2018 and was quite active as part of the Bhartiya Janata Yuva Morcha (BJYM).
BJP Lok Sabha MP from Bishnupur and former State BJYM president Saumitra Khan, had appointed Pamela Goswami as the BJP youth wing’s State secretary and its observer for Hooghly district.
More than 290 days after the arrest, Pamela Goswami was granted bail by the Calcutta High Court in December 2021.
