S.Barman Roy, J. - (1.) This appeal is directed against the judgment dated 8.4.1999 and sentence dated 9.4.1999 passed by the learned Special Judge (NDPS Act), Calcutta in NDPS Case No. 40/95 convicting the appellant under section 21 of the NDPS Act and sentencing him thereunder to suffer rigorous imprisonment for 10 years and a fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for further one year.
(2.) The prosecution story, as alleged, in brief is that in the complaint filed against the appellant by the Intelligence Officer, Narcotic Control Bureau, Eastern Zonal Unit, Calucutta, it was, inter alia, alleged that acting upon an intelligence, a batch of Officers of the Narcotic Control Bureau, Eastern Zonal Unit, Calcutta intercepted the appellant at a place on Raja Ram Mohon Roy Sarani in front of City College, Calcutta at 8 p.m. on 4.9.1995. On being challenged the appellant voluntarily brought out from his right pocket of the trouser a polythene packet containing some brown colour powder and handed over the same to the Officer in presence of two independent witnesses. A small quantity of the said substance was tested with field test kit and it responded positive to the taste of heroine. Said substance believed to be heroine was found to measure 100 gms. in weight. Accordingly, said substance was seized under section 43 of the NDPS Act in presence of the two independent witnesses and other persons. Samples in duplicate of 5 gms. each were drawn from the said seized substance for chemical test and the said two samples so drawn and the balance quantity of the seized substance were kept in three separate envelops and were sealed upon the signature/LTI of the appellant, two independent witnesses and the seizing Officer. Thereupon the appellant was served with notice under section 67 of the said Act and he accordingly accompanied the Officers of the seizing party to the Narcotic Control Bureau office, Calcutta. On interrogation as well as in his written statement dated 4.9.1995 and 5.9.1995 the appellant admitted his guilt for possessing and transporting the seized substance. Thereafter, the appellant was shown arrested on 5.9.1995 at 10.30 p.m. under section 41 of the NDPS Act. The representative sample already drawn from the seized substance was sent to the chemical laboratory, Customs House, Calcutta for chemical analysis and ultimately the chemical examiner in his report dated 28.9.1995 certified that the sample so analysed responded positive to the taste of heroine. In these circumstances appellant appeared to have violated the prohibitions provided by or under section 8 of the Act rendering him liable for punishment under section 21 thereof. On the basis of the said complaint learned Special Court took cognizance of the offence.
(3.) On the basis of the materials on record the learned Special Judge framed a charge under section 21 of the Act for possessing 100 gms. of heroine in contravention of the said Act. To the said charge, appellant pleaded not guilty. In course of the trial prosecution in all examined in this case 7 PWs. Appellant adduced no evidence on his behalf. His defence was that of complete denial of the prosecution case is alleged. On conclusion of the trial appellant was convicted and sentenced as already stated.;