Alok Kumar Basu, J. - (1.) This appeal has been preferred by two appellants from jail challenging their conviction under section 21 of the NDPS Act and the consequential sentence order recorded by the Id. Additional Sessions Judge, 2nd Court, Hooghly in connection with the NDPS Case No. 15 of 2003.
(2.) The prosecution case in brief was that acting on secret information the S. I., Tapas Singha, of Bhadreswar P. S. along with other police staff detained the appellants at the dead hour of 16th August, 2003 at a place in between Baidyabati and Bhadreswar along R.B.S. Road.
(3.) Since the S.I. Tapas Singha, had a reasonable suspicion that those persons might be in possession of heroin, he requisitioned the service of a Gazetted Officer and accordingly the SDO, Chandannagore, was summoned to be present on the spot. After presence of the SDO, Chandannagore, the S.I. Tapas Singha, served notice as per the provisions of section 50 of the NDPS Act and thereafter in presence of the SDO, Chandannagore on personal search 7 gms. of heroin was recovered from both the appellants along with some amount of cash money.;