Kishore Kumar Prasad, J. - (1.) The hearing stems from an appeal preferred against the judgment and order passed by the learned Judge, Special Court under N.D.P.S. Act, Barasat, North 24-Parganas in the Case No. 6 of 2000 on 30.09.2004 whereby the appellant herein was convicted and sentenced under Section 21 (c) of the N.D.P.S. Act to 14 years rigorous imprisonment and a fine of Rs. 1, 40,000.00, in default of payment of fine to further undergo 1 (one) year and 4 (four) months rigorous imprisonment.
(2.) The prosecution case is based on a complaint (Exhibit-1) lodged by Sri Barinder Singh, Superintendent of Customs (Preventive), Intelligence Unit, N.S.C.Bose International Airport, Calcutta and the case made out in the said complaint may be summarised thus:- (a) Acting on a source information, a group of officers of customs, Air Intelligence Unit of N.S.C. Bose International Airport, Calcutta on 19.01.2000 at about 13.30 hours intercepted the appellant, an out-going passenger bound for Bangkok by Thai International Flight No. TG-314 at the International Departure Hall of N.S.C. Bose International Airport, Calcutta. Before interception, all the officers discussed everything with the Superintendent of their unit who directed the officers to search the baggage and person of the appellant after observing all the necessary formalities. The appellant was asked to declare whether he had anything contraband item including any Narcotic Drugs with him either in person or in his one piece of registered baggage. On being asked, the appellant replied in the negative, both orally and in writing. (b) Giving no reliance upon such statement, the officers decided to search his baggage and person for which he was offered option as required under Section 50 of the N.D.P.S. Act in writing to which he agreed to be searched before the Superintendent of Customs i.e., Gazetted Officer. The appellant declined to search the person of the Customs Officer who would search his person. (c) Two independent witnesses were called from the outside and thereafter in their presence and also in presence of the Superintendent of Customs and other officers as per provisions of N.D.P.S. Act, Sri Rakesh Kumar of A.I.U. started searching the personal baggage of the appellant, a moulded strolley bag of brand "Prestige" which the appellant himself opened by the key kept in his possession. (d) On search of the said baggage, 3.6 Kgs of blackish brown substance wrapped in polythene and carbon paper were recovered. The said substance was tested on the spot by the Drug Identification Kit and it responded positive to the test of Hashish. The said quantum of Hashish were covered in three (3) slab forms which were kept concealed in between the built in space at the bottom of the strolley bag made for the movement of the handle of the bag covered with cut pieces of cardboard, cartons masonite and inner cloth lining attached with the bag. (e) Failure on the part of the appellant to produce any legal and valid papers for possession of the said Hashish, the recovered quantum of Hashish, Strolley bag and the papers along with Air Ticket, baggage tag etc. were seized in presence of witnesses under seizure list on which the appellant, independent witnesses, Gazetted. Officer and the seizing Officer put their signatures and a copy of seizure list was duly supplied to the appellant. (f) Thereafter, samples in duplicate were drawn from the recovered Hashish and the same were kept in separate packets which were duly labelled, sealed and signed by the witnesses, appellant and the Superintendent of Customs. The rest quantum of Hashish was also kept in a separate packet and the same was duly sealed, labelled and signed by the appellant and the witnesses. (g) The appellant then served notice under Section 67 of the N.D.P.S. Act and under Section 108 of the Customs Act. The appellant made voluntary statement before the Superintendent of Customs on 19.01.2000 and 20.01.2000 wherein he admitted the fact of his possessing the contraband Hashish. (i) Thereafter, the sample drawn from the recovered and seized Hashish was sent to the Chemical Examiner, Chemical Laboratory, Custom House, Calcutta and the Chemical Examiner submitted his report certifying the existence of Hashish in the sample.
(3.) On the basis of the aforesaid complaint and on consideration of the materials-on-record, charge was framed against the appellant under Section 21 of the N.D.P.S. Act. The appellant did not admit the charge and demanded trial.;