DEBASISH KAR GUPTA, J. - (1.) This appeal is directed against judgment and order of acquittal dated July 17, 2003 passed by the learned Judge Special Court under N.D.P.S. Act, South 24-Parganas, Alipore in Sessions Trial No.1 (1) 2003.
(2.) The backdrop of the case in a nutshell is as under:- On receipt of an information from secret source a team of intelligence officers attached to the Narcotics Control Bureau (hereinafter referred to as NCB Officers), Eastern Zonal Unit, intercepted a person in front of Zoological Garden (Main Entrance), Alipore, Kolkata on March 18, 2002 at 14.30 hours. According to the prosecution case, after disclosing their identity as officers of the NCB, it was intimated to the above person that they had the information that he was carrying 'charas' with him. They further disclosed their intention to search him.
(3.) The intercepted person disclosed his identity as Rafiqu Ahmed Sk. of Chinkral Mohallah, Haba Kadal, P.O. and P.S.-Haba Kadal, Srinagar, Kashmir. After knowing the desire of the NCB Officers to search him of his person, he agreed in writing to be searched before a Gazetted Officer of NCB. One Gazatted Officer (PW 6) arrived at the spot at 15.00 hours. The above intercepted person was verbally offered to search the NCB Officers before conducting search of his person. He verbally declined to do so.;