Joymalya Bagchi, J - (1.) The appellant was convicted under Section 21(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-, in default, to suffer further rigorous imprisonment for 2 years more. Co-accused Kamalesh Sharma was also convicted of the same charges and sentenced, as aforesaid.
(2.) Prosecution case as alleged against the appellant and the co-accused is to the effect that in the course of search and seizure conducted by the officers of N.C.B., Calcutta, 1.5 Kgs. of heroin was recovered from possession of the coaccused Kamalesh Sharma. He made a statement under Section 67 of the Act implicating the appellant. Thereafter, the appellant was summoned under Section 67 of the Act who also made a statement admitting his involvement in dealing in contraband narcotic substance. On that basis, complaint was filed against the appellant and Kamalesh Sharma under Section 21(C) read with Section 29 of the Act.
(3.) In course of trial, 8 witnesses were examined and a number of documents were exhibited. The defence of the appellant was to the effect that his statement under Section 67 of the Act had been procured under threat and coercion and he had retracted the same. Apart from the said statement, there is no material to connect him with the crime.;