- (1.) The present appeal is against the judgment and order dated 22/23.6.98 passed by the learned Judge, 6th Bench, City Sessions Court, Calcutta & Special Judge in N.D.P.S. Case No. 31/95 convicting the appellants for committing an offence punishable under Section 21 of the N.D.P.S. Act and sentencing them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh each in default of which to undergo rigorous imprisonment for a further period of 1 years.
(2.) The prosecution case in brief is that on 11.7.95 the officer of the Narcotic Control Bureau acting on a source information searched room No. 2 of Puspa Hindu Hotel and Lodging House in presence of two independent witnesses at 22, M.G. Road, Calcutta from 10.30 a.m. to 3 p.m. The present appellants were found to be in occupation of the aforesaid room and during search 3.10 kgs. of brown coloured powder believed to be heroin was found in the bed of the appellants which was kept inside a cloth bag being wrapped in a polythene packet. Preliminary test at the spot revealed the same to be heroin. All the articles found inside the room were seized. Two sample packets of the aforesaid substance containing 3 gms, each were prepared. The appellants were served with notice under Section 67 of the N.D.P.S. Act to attend the office of N.C.B. on 11.7.95. In compliance with the said notice the appellants visited the office of the N.C.B. on 11.7.95 and 12.7.95, when they admitted their guilt in writing and disclosed their identity. The appellants thereafter were arrested on 12.7.95 for committing offence under Section 21/29 of the N.D.P.S. Act. It is the further case of the prosecution that the aforesaid sample was sent to the Chemical Laboratory, Customs House, 1511, Strand Road, Calcutta-1. The result of the chemical examination was positive and conformed to the definition of heroin. On receipt of the report of Chemical Analyst the complaint was filed in court.
(3.) To prove its case the prosecution had examined as many as 8 witnesses. P.W.1 is the Assistant Chemical Examiner attached to Chemical Laboratory, Customs House, 1511, Strand Road, Calcutta, who had examined the samples of the seized powder substance. P.W.2 was an officer of the Narcotic Control Bureau and was a member of the raiding party. P.W.3 was an intelligence officer of the N.C.B. and was a member of the raiding parry. He also received the secret information on the basis of which raid was conducted. P.W.4 was an intelligence officer of the N.C.B. and was a member of the raiding team. P.W.5 was also an officer of the N.C.B. and was a member of the raiding team. P.W.6 is also an officer of the N.C.B. and he filed the petition of complaint. P.W.7 is the owner of Puspa Hindu Hotel & Lodgin House, P.W.8 was an officer of N.C.B. who acted as godown officer on 11.7.98.;