Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 28.01.2003 passed by the learned Judge, Special Court under N.D.P.S. Act, South 24 Parganas, Alipore in Sessions Trial No. 11(2) 99 convicting the appellant for the offence punishable under Section 21(c) of the Narcotic Substances (amendment) Act, 2001 and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh, in default to pay the fine to suffer simple imprisonment for one years more.
(2.) The prosecution case, as alleged, against the appellant is to the effect that he was apprehended in front of the main gate of Science City on Eastern Metropolitan Bypass on 04.09.1998 in between 3.00-3.30 p.m. by Mr. Gautam Majumdar (P.W. 1), A.K. Pal (P.W. 2) and other officers under the leadership of Mr. N.C. Patra, Superintendent of Narcotics Control Bureau. The appellant was searched and 470 gms. of heroin in a polythene packet was recovered from his right hand. Two samples of 5 gms. each were drawn from the seized narcotic substance which were sealed and labelled at the spot and thereafter the appellant was given notice under Section 67 of the NDPS Act and in presence of intelligence officers he admitted his guilt. On receipt of chemical examiner's report, complaint was filed against the appellant. Charge was framed against the appellant as aforesaid under Section 21 of the NDPS Act.
(3.) Prosecution examined 6 witnesses in support of his case and exhibited a number of documents.;