Debasish Kar Gupta, J. - (1.) THIS appeal is preferred by the appellants assailing a judgment and order of conviction dated December 18, 2013 and sentence dated December 19, 2013, passed by the learned Judge, Special Court, N.D.P.S. Act, Nadia. By virtue of the impugned judgment the appellants have been found guilty of offence punishable under Section 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). By virtue of the sentence dated December 19, 2013, the appellants have been directed to suffer rigorous imprisonment for ten years each and to pay fine of Rs. 1 lakh only each, in default to suffer simple imprisonment for one year each. The detention undergone by the appellants during investigation and the trial of this case have been directed to set off against the substantive sentence.
(2.) THE case of the prosecution is discussed in a nutshell as under: - - "Avijit Biswas, In -charge of Mira R.O.P., P.S. Kaliganj, District Nadia (PW 4), lodged a written complaint dated February 28, 2012, at about 19.45 hrs. According to the above complaint, the PW 4 received source information on February 28, 2012 at about 16.45 hrs. of transporting Heroin by one Elai @ Elahi Sk (appellant No. 1) with his co -business partners Ansur Ali Sk. and Babar Ali Sk. (appellant Nos. 2 and 3 respectively). The above information was received by the PW 4 while he was performing patrolling duty on the date and time mentioned hereinabove. The PW 4 informed the Officer -in -charge, Kaliganj Police Station, District Nadia of the above information. PW 4 informed Avijit Bhattarcharya, the Circle Inspector, Nakashipara to be present at the place of occurrence." Then, the PW 4 along with Gobinda Sundar Halder, A.S.I. (PW 6), Ananda Gopal Dey, A.S.I., Parthsarathi Mondal, A.S.I. (PW 9), Milon Monal, Constable (PW 5) and Abdul Mannan, Constable (PW 2) reached Pachkhala bus stand. Avijit Bhattacharya, Circle Inspector, Nakashipara, District -Nadia had reached the spot at about 17.30 hrs., i.e. before the PW 4 and other members of his raiding team arrived at that place. At about 17.35 hrs. their source identified three persons on their arrival in the Pachkhala bus stand from Hatgobindapur side. One of them was carrying a shopping bag with him. The PW 4 disclosed their intention of searching the appellants as also asked them to express their desire with regard to presence of a Gazetted Officer at the time of such searching. In reply the appellants disclosed their names as stated hereinabove and said that in view of the presence of the PW 7 there was no need of presence of any other Gazetted Officer at the time of searching them. Thereafter, PW 4 requested two passerby Tanmoy Chatterjee (PW 1) and Nakatulla Sk. (PW 3), to be present as witnesses. They agreed to do so. The PW 1 and PW 3 searched the aforesaid members of the raiding team. No incriminating article was found. Then the raiding team started searching. In course of searching the shopping bag of the appellant No. 1 one small and two medium size polythene packets containing "Heroin" (450 gms), one big plastic packet containing 1 kg 624 gms. of Sodium Carbonate, one black glass bottle containing odourly solution (chemical) of 618 gms. (including bottle), one plastic bottle containing odourly solution of 905 gms. (including bottle) and 6 bra weight (batkhara) were also recovered. The appellants were arrested at 17.45 hrs. on February 28, 2012. They refused to be examined by doctor. The above articles were seized and labelled in presence of the witnesses mentioned hereinabove. The seizure list was prepared by the PW 4 under G.D. Entry No. 895 dated February 28, 2012 in respect of the articles seized during the period of search in between 17.45 hrs. to 18.25 hrs. The signatures of PWs 1, 3, 7 were obtained in the seizure list as also on the label of the packet containing the seized articles. According to the above letter of complaint, the appellants admitted the fact of carrying those articles for business.
(3.) ON the basis of the above letter of complaint G.D. Entry No. 857 was recorded on February 28, 2012 at 19.45 hrs. by the PW 9. Formal FIR No. 92 dated February 28, 2012 was lodged on the basis of the above G.D. Entry No. 857 which had been recorded on the date and time mentioned hereinabove to initiate Kaliganj P.S., Sub -Division - Sadar, District -Nadia, for the year 2012 against the appellants for offence punishable under Section 21 of the NDPS Act.;