- (1.) This appeal is preferred by the appellants against the judgment and order of conviction dated June 16, 2014 and sentence dated June 17, 2014 passed by the learned Judge, Special Court under NDPS Act (Additional Sessions Judge, 12th Court), Alipore, South 24 Parganas in S.T. No.01(09) 2013 arising out of S.C. No.03(07) 2013. By the impugned judgment the appellants were convicted under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to suffer rigorous imprisonment for eight years each and to pay fine of Rs.60,000/- each, in default to suffer further rigorous imprisonment for one year. The seized Alamat was directed to be destroyed on expiry of the period of appeal. The cash amount seized from the appellants were directed to be confiscated in favour of the State on expiry of the period of appeal.
(2.) Brief fact of this case is stated below:- One Prasanta Kumar Das, Sub-Inspector, posted at Narcotic Cell, Detective Department, Lalbazar (PW2) lodged a complain dated May 24, 2013 to the Officer-in-Charge, Beliaghata Police Station, Kolkata, containing that on May 23,2013, he had received an information from the credible source that two female drug sellers would come to sell narcotic drugs in the vicinity of passenger shed of Deshbandhu School Bus stand on Beliaghata Main Road in the early morning on the next day, i.e. May 24, 2013. According to the information, the aforesaid ladies used to come jointly at the above spot to sell narcotic drugs in the early morning regularly. After taking permission from Sri Dipak Kumar Dutta, Assistant Commissioner of Police, Detective Department, Narcotic Cell, on May 23, 2013, PW 2 formed a raiding team including a lady constable no.168, Kuheli Sarkar (PW 4). On May 24, 2013, the raiding team left the office at about 04.10 hrs. together with source, weighing scale, testing kit, packing materials and other accessories.
(3.) On May 24, 2013, they reached the spot at about 04.30 hrs. At about 05.10 hrs. the source drew their attentions towards appellants who had been coming jointly along the northern side of footpath of Beliaghata Main Road from west to east direction. Both the appellants were carrying ladies side bags on their right shoulders. Intercepting them at the spot in front of P/No-18D, Beliaghata Main Road Kolkata-10, the de facto complainant (PW 2) disclosed his identity. According to the prosecution, the appellants were informed of the purpose of their detention in writing by the de facto complainant (PW2) and a notice was also served upon them to exercise their options regarding presence of a Magistrate or Gazetted Officer at the time of their search in person. The appellants refused to go anywhere else and agreed to be searched by lady police on spot in presence of a Gazetted Officer. PW 2 made an attempt to contact a Gazetted Officer in the locality but failed. He informed his superior officer of the above fact immediately.;