- (1.) Appeal No.734 of 2006 has been filed by Rahul Chakraborty and Swapan Mishra against the judgment and order of the Special Court under the NDPS Act, Barasat. Swapan Mishra has filed another appeal against the same judgment and order being CRA 354 of 2010. Both the appeals have been heard together.
(2.) The case of the prosecution is that the Intelligence Officers of the Narcotics Control Bureau (hereinafter referred to as "NCB") acted on specific information received and proceeded to Burdwan Bypass More to conduct a raid. A group of NCB Officers reached there by 12.30 a.m. on 2nd July, 2003. They tried to intercept a Mahindra Marshal jeep bearing No. WB-02B-7864, which was seen approaching from the Panagarh side at about 1 a.m. The vehicle did not stop though the officers tried to stop it. The officers then chased the vehicle for a long distance and were finally able to intercept it at Dunlop More at 4 a.m. on 2nd July, 2003. The driver of the vehicle managed to escape. The other persons who were sitting in the car disclosed their names as Rahul Chakraborty and Swapan Mishra. The officers then informed the two persons that they intended to search the vehicle as they had specific information that a huge quantity of ganja was kept concealed in cavities in the vehicle. The officers had no equipment to open the concealed cavities. Therefore, they decided to take the vehicle to the NCB Office at Karaya Road, Kolkata. They took two independent witnesses from the onlookers who had gathered when they had intercepted the car at Dunlop More. The appellants were issued notices under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") to appear before the NCB Officer on 2nd July, 2003 at 7 a.m. The prosecution claims that two independent witnesses and the appellants voluntarily accompanied the officers to the NCB office. On searching through the car at the NCB, Eastern Zonal Unit, Kolkata (hereinafter referred to as "NCB, EZU"), it was found that 55 packets of different sizes containing flowering tops of cannabis plant were concealed in cavities on the roof, the seat and floor of the vehicle. The packets were wrapped in a newspaper and with a polythene cover on the outside. According to the prosecution a small quantity of the contents, taken randomly, tested positive for ganja/cannabis. All the packets were seized under Section 43 of the NDPS Act. Each of the packets was weighed and an inventory was made. The total weight of the packets was 363.1 kgs. It has been stated by the prosecution that six samples of 25 gms. each in duplicate were drawn from six packets which were numbered. These samples were labelled and packed in envelopes which were sealed. The seizing officer, the owner of the goods, independent witnesses and a Gazetted Officer signed the labels. The rest of the ganja which was seized in the 55 packets was also labelled and sealed in the presence of the independent witnesses and others. All of them signed the labels. The vehicle was also seized under Section 43 of the NDPS Act. The prosecution claims that the appellants submitted voluntary statements which implicate themselves. The appellants were then arrested on 2nd July, 2003 at 10.30 p.m.
(3.) As a follow-up action, the officers and staff of the NCB, EZU, claimed that they seized ganja from some other persons who were coaccused in this case, namely, Kusum Debnath and Dilip Dutta. Those persons have been acquitted by the Special Court.;