Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 26.07.2017 & 27.07.2017 passed by the learned Judge, Bench-I, City Sessions Court, Calcutta in NDPS Act Case No.10/2014 convicting the appellant for commission of offence punishable under Sections 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- in default to suffer simple imprisonment for six months.
(2.) Prosecution case, as alleged against the appellant, is to the effect that P.W.2, Prasanta Pal, S.I. attached to Narcotic Cell, Detective Department Lalbazar, Kolkata received secret information that a foreigner would come to sell narcotic drugs near Jatadhari Service Center (Petrol Pump) at Jotindra Mohan Avenue, P.S. Burtolla. The information was reduced into writing and with the permission of B. Chattapadhyay, Assistant Commissioner of Police, Narcotic Cell, Detective Department raid was organised. On 28.04.2014 raiding team under the leadership of P.W.2 left the P.S. along with weighting scale, narcotic drug testing kits, packing materials etc. Source led the raiding team to the spot. Around 6.30 A.M. source pointed out a foreigner who was coming along western side footpath of Jotindra Mohan Avenue from south to north. P.W.2 detained the said person who disclosed his identity. A small gathering assembled at the spot and two of them were requested to witness of search. The suspect disclosed his identity and stated that he is coming from Poland and was residing at Modern Lodge at 1, Stuart Lane, Kolkata-16. Offer was given to the appellant to be searched in presence of a Magistrate or Gazetted Officer. He agreed to be searched in presence of a Gazetted Officer. No Gazetted Officer was found in the locality and the matter was informed to superior officer. At 8 A.M. Inspector S. K. Pal, Additional Officer-in-Charge of Burtolla P.S., a gazette officer, came to the spot. He was introduced to the suspect who agreed to be searched in his presence. Upon search one old, used deep green and black coloured backpack with multiple chambers was recovered. On opening the big chamber four rectangle cube shaped slabs of deep brown colour each placed inside transparent polythene packet and wrapped with brown coloured adhesive tape with characteristic smell was recovered and one metallic dragger fitted with metallic/wooden butt was recovered from the small chamber of the bagpack. Identity card of the appellant, one small digital (NOVA) made weighing machine and some cash were also recovered. Small quantities were taken from four slabs and tested separately on the testing kit. Upon test it responded positive for Charas. The four slabs were weighed and found to be 1 kg. 954 gms. The seized articles were seized under a seizure list thereafter packed, labelled and sealed separately. The appellant was arrested and taken to the P.S along with seized articles. Seized contraband was sent for chemical examination and upon receipt of chemical examination report charge sheet was filed against the appellant. Charge was framed against him under Section 20(b)(ii))(C) of the NDPS Act.
(3.) The appellant pleaded not guilty and claimed to be tried.;