ASHIM KUMAR BANERJEE.J - (1.) 1. FACTS OF THE CASE :- Police got an information that two persons would be trafficking heroin by crossing Rasulpur Ghat in the District of Purba Midnapur. Relying on the said information, the police went to Rasulpur Ghat at about 11.05 a.m. on April 20, 2004. They also asked Shri Subimal Makur and Shri Swadesh Show being PW-3 and 4 to assist them by remaining as witness in case of apprehension of the accused. At about 11.40 a.m. two persons sitting on a Hero Honda motorcycle reached the spot. The police team chased them when unfortunately one of them managed to escape. One Madhu Sikdar chased him but in vain. The driver of the motor cycle Mukesh alias Bapi Khan was arrested. From the booty of his motor bike one brown colour rexine bag wrapped with a newspaper was found after opening a chocolate box kept in a polythene bag. The brown powder as found in the bag was tested positive as heroin. The police party arrested Bapi and seized the substance. One Swapan Kamilla, a local Gold Smith being PW-9 was called, so was the local Block Development Officer being PW-8. Swapan weighed the substance in presence of Block Development Officer. Weight was found to be 467 grams along with packet. The net weight was 429 grams out of which two sample packets were prepared having 5 grams each. One sample of 5 grams was sent for chemical examination. On chemical examination the substance was found to be Lorazepam. Subsequently, the pillion rider of the motor cycle, Mamun was arrested. Both of them were charged under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act). They pleaded not guilty of the offence and faced trial.
(2.) EVIDENCE :- PW-1, 2, 7, 10 and 12 were the police officers. PW-1 (Asish Roy) narrated the incident in detail including the process of seizure of the substance. PW-1 also stated that one Sikdar chased the other accused for about five minutes but in vain. PW-2 (Pravat Sarkar) corroborated PW-1. He also stated that Madhu Sikdar tried to apprehend the other accused but in vain. PW-7 (Mahammad Rafik Khan) was the officer in charge of the Khejuri Police Station at the relevant date. He led the raiding team. He corroborated PW-1 and 2. He however could not identify the second accused being Mamun. PW-10 (Bikash Shaw) was the Sub-inspector who assisted the PW-7 at the time of raid. He also corroborated PW-1, 2 and 7. In addition he said that Rafique Khan and Pravat Sarkar chased the second accused Mamun but in vain. PW-12 (Raghu Nath Kundu) was the investigating officer. He also corroborated the other police witnesses. He also admitted that the motor cycle was not examined in detail. PW-3, 4, 5 and 6 were the local witnesses. All of them were declared hostile as they failed to prove the prosecution case. PW-3 (Subimal Makur) and PW- 4 (Swadesh Show) were seizure witnesses. They admitted their signatures. Subimal stated that he did not know when the incident took place but signed the seizure list. He signed on papers shown by the police sitting at the police station. he was not aware why those signatures were taken. PW-4 also deposed in the same line. PW-5 (Pranabesh Maity) feigned ignorance about the incident. PW-6 (Manik Das) being an employee of the Rasulpur Ferry Service also feigned ignorance about the incident. All the four witnesses were declared hostile. PW-9 (Swapan Kumar Kamila) also denied of his involvement in the incident save and except that he identified his signatures on the material exhibits which according to him were signed at the police station.
(3.) Then remains PW-8 (Mahammad Golam Asraf), the Block Development Officer, Khejuri-II who all along witnessed the incident. He narrated in detail the incident which corroborated the evidence of the police officials being PW- 1, 2, 7, 8 and 12. This witness being a Government official did not have any direct connection with the case. He was not interested in the case and as such could safely be described as an independent witness who corroborated the prosecution case.;