JOYMALYA BAGCHI,J. - (1.) Criminal appeal and the death reference case are taken up for hearing analogously.
(2.) By judgment and order dated 7th and 8th April, 2016, the learned Additional District and Sessions Judge, 6th Court, Barasat, North 24-Paraganas in N. D. P. S. Case No.N-177/2002(505/2014) convicted the appellants for commission of offence punishable under Section 21(C) of N. D. P. S. Act and sentenced appellant Ansar Rahman @ Ramesh Giri to be hanged by neck till death and appellant Dipak Giri to suffer rigorous imprisonment for 30 years and to pay a fine of Rs.3 lakhs in default to suffer rigorous imprisonment for one year more.
(3.) The prosecution case, as alleged against the appellants is as follows:- Acting on specific information which was reduced into writing and upon intimation to superior officer, a batch of officers and staff attached to NCB EZU Kolkata on 3.10.2002 at 8.10 hours lay in ambush in front of SA-84, Sector-II, Salt Lake City. After sometime a person came out from the rented premises with a bag in his hand. Initially the person sought to camouflage his identity but on query disclosed his name as Ansar Rahman @ Ramesh Giri. Officers expressed their desire to search him and gave a written offer that he had right to be searched before a Magistrate or a Gazetted officer. Ansar Rahman agreed to be searched before a gazetted officer of the department. Accordingly, P.W.5, Assistant Director, N.C.B. was summoned to the spot and the suspect agreed to be searched in his presence. Relations of the landlady of S.A.84 Sector-II, Salt Lake City also came to the spot and were requested to witness the search. Secretary, P.W.10 of the local ward committee was also requested to be witness at the time of search. In the course of search 3.5 kgs. of brown coloured substance suspected to be heroin was recovered from the bag carried by the said person. The substance tested positive to heroin. Two mobile phones were recovered from his possession while Indian currency of Rs.16,000/- was recovered from the rented premises. A maruti 800 vehicle bearing Registration No.WB-20B-1032 was also seized as proceeds of crime. Upon interrogation appellant Ansar Rahman admitted that he was running the business in heroin from the rented premises which was tenanted in the name of Rupa Giri, wife of Dipak Giri, his associate. As a follow up action, officers of NCB also raided another rented premises at AJ-181, Sector-II, Kolkata-91 which was under the possession and control of Dipak Giri. From the said room 50 kgs. of heroin in two separate nylon sacks and 24 different documents were seized. Two samples of 5 grams each in duplicate were drawn from both the sacks which were labelled and sealed. A scooter bearing Registration No.WB-01A-3317 was also seized. Pursuant to notice under Section 67 of the N.D.P.S. Act, Ansar Rahman admitted his guilt and also disclosed involvement of appellant Dipak Giri in the crime. It appears that Ansar Rahman and Dipak Giri had been convicted on earlier occasion with regard to possession of narcotic substance. In the course of investigation, statement of Rupa Giri was recorded under Section 67 of N.D.P.S. Act and she disclosed that Dipak Giri was admitted at CMRI, Kolkata. Officers of NCB along with Rupa Giri and Kanailal Dutta (PW 9), landlord of premises AJ-181, Sector-II, Salt Lake City, Kolkata went to the hospital and statement of Dipak Giri was recorded under Section 67 of the N.D.P.S. Act. In the said statement Dipak Giri admitted that he was a tenant in the aforesaid premises and was carrying on business in heroin along with Ansar Rahman. He also disclosed roles of Bhagwan Singh, Bhairo Singh and one Ashok of Rajasthan in the said activity. Investigation was conducted with regard to the roles of the said persons and upon receipt of chemical examiner's report, P.W.1, Hembrata Bose, Intelligence of NCB, EZU, Kolkata lodged petition of complaint, Ext.1 against the appellants and other accused persons. Charges were framed against the appellants and one Dilip Das, Ansar Rahman @ Ramesh Giri, Ahrul Sk. @ Ahu @ Yahoo and Dipak Giri under Section 29 read with Section 21(C) of the N.D.P.S. Act. The accused persons pleaded not guilty and claimed to be tried. ;