Amit Talukdar, J. - (1.) Pursuant to a petition of complaint (Ext. 2) lodged by P.W. 2, Sankar Das Sinha the appellant hereinabove was arrayed before the learned Judge, Special Court (under the NDPS Act), Barasat 24-Parganas (North) in Case No. N-55 of 1997 to answer the following charge : That you, on 27.10.97 at about 15 hrs. at Guma Bus Stand, Chowmatha on Jessore Road under P.S. Habra, you found in possession of 2 Kgs. brown coloured powder (heroin) in contravention of section 8 of the NDPS Act".
(2.) Since he pleaded not guilty he was placed on trial which ended in his conviction in respect of the charge framed against him and he was sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- (Rupees one lakh only) in default, to suffer further rigorous imprisonment for six months by the judgment and order dated January 29, 2000.
(3.) Assailing the conviction recorded against him by the learned Trial Court the appellant has preferred this appeal on the ground that there was no compliance of section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act) and the offer for being searched by a Gazetted Officer or a Magistrate was not given in writing and as the Gazetted Officer was very much a member of the raiding party the provisions of section 50 of the said Act were not adhered to by the complainant and as the voluntary statement (Ext. 1) recorded by P.W. 1, Rabindra Nath Banerjee was done without giving any caution which was inadmissible; and as P.W. 5, who enquired the case was also a seizing officer, was interested in the conviction and the judgment of the learned Trial Court based on such evidence was required to be set aside.;