S.P. Talukdar, J. - (1.) This is directed against the judgment dated 11th July, 2007 and the order dated 12th July, 2007 passed by learned 6th Court of Additional District and Sessions Judge, Barasat, North 24 -Parganas in N.D.P.S. Case No. 87 of 2004 (N.C.B. Crime No. 19/NCB/Cal/2004). Learned Trial Court held the appellant/convict guilty of the offence punishable under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985. The appellant thereby was sentenced to suffer rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/ - only, in default to suffer further rigorous imprisonment for one year.
(2.) The prosecution case may briefly be stated as follows: On 25th September, 2004, a batch of officers and staff of NCB, EZU, Kolkata led by the Superintendent went to Dum Dum Road at about 11:00 hours. They intercepted a person in front of Leela Cinema hall. He was identified by the informer. This was pursuant to a specific information, which was duly reduced in writing and after due intimation to the superior authority and of course, after obtaining necessary movement order. The officials disclosed their identity to the person so intercepted and on being asked, he disclosed his name as Kasem Babu Mondal. They wanted to search him in person as well as the blue and brown coloured nylon carry bag in his right hand. Two independent witnesses from the onlookers were called. The officers offered to the person so intercepted in writing as to whether he wanted to be searched in person before a Magistrate or any Gazetted Officer. He, in his written reply, opted to be searched before the Gazetted Officer accompanying the raiding party. Before conducting search, he was offered to search but he declined to do so. Then search started in presence of Gazetted Officer and two independent witnesses. Two transparent polythene packets containing brown coloured wet substance kept in another polythene packet marked Damini both in English and Bengali were found inside the said nylon carry bag marked "Guinea mansion", which the intercepted person was holding in his right hand. No incriminatory documents or other contraband could be recovered from his possession. An amount of Rs. 120/ - was recovered from the right front pocket of the trouser, which the appellant was wearing. Small quantity of the recovered substance was tested with field drug detection kit carried by the officers on the spot. It responded positive to the test of heroin. The polythene packets, so recovered, were 1 kg. each. The same was then seized under Sec. 43 of the NDPS Act, 1985. On spot interrogation, the appellant, Kasem Babu Mondal, revealed that he was waiting for one Kallu of Raigachi. One sample in duplicate of 5 grams each was drawn from both the packets and kept in four polythene packets sealed, labelled and signed by the owner/appellant, Seizing Officer, independent witnesses and Gazetted Officer. The same was kept in separate clothes envelops, which were sealed, labelled and signed by all the said persons. The remaining quantity of the recovered goods was sealed on cutting portion labelled and kept in separate clothes envelops, which were selead, labelled and signed by all of them. The two clothes envelops containing the seized brown coloured wet substance as well as the said amount of Rs. 120/ -were similarly dealt with in accordance with law. The seizure was made under proper seizure list, which was again signed by the owner of the goods, Seizing Officer, independent witnesses and Gazetted Officer. Copy of the said seizure list was handed over to the appellant/convict against his dated receipt. Notice under Sec. 67 of the NDPS Act 1985 was issued to the appellant asking him to appear before the Intelligence Officer on 25th September, 2004 at about 16:00 hours. He appeared as directed and voluntarily tendered written statement before the NCB Officers thereby admitting his guilt and accepting his involvement in the trafficking of the recovered heroin. The appellant was arrested under Sec. 43 of the NDPS Act on 25th September, 2004 at about 23:00 hours. The sealed packets of the seized goods, the samples and the godown register were produced before the learned Court of Magistrate for examination of the seals and endorsement of the godown register entries and seized articles. The samples drawn from the recovered heroin was sent to the Chemical Laboratory, Customs House, Kolkata for chemical test and the Chemical Examiner in his report opined that samples responded positive to the test of heroin.
(3.) This gave rise to the case against the present appellant for his violation of the provision of Sec. 8 of NDPS Act, 1985 (as amended) and the same is punishable under Ss. 21(c) and 29 of the NDPS Act, 1985 (as amended).;