ZAMIL AKHTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the convict-appellant Zamil Akhtar from Jail challenging his conviction and sentence passed by the learned Judge, Special Court under the N.D.P.S. Act in connection with T.R. Case No. 23 of 1997.

(2.) The prosecution case in short was that on 15lh May, 1997 at about 21.05 hour the officer of the Golabari P.S. under the leadership of the Inspector of Golabari P.S. detained the present appellant along with another and recovered 1 gm. of heroine from the possession of the said appellant in presence of witnesses. According to the prosecution, after due compliance of all the necessary provisions of law, seizure of the said article was made on the spot and samples was also taken in presence of witnesses. In course of investigation samples so taken was sent for chemical examination and after ascertaining the identity of the said sample to be heroine, charge-sheet was submitted against the present convict-appellant under Section 21 of the N.D.P.S. Act.

(3.) During trial the learned Judge after recording the evidence of prosecution witness and after considering the seizure list along with the chemical report and also after taking into consideration the submissions of both the prosecution and the defence came to the conclusion that on the date and time as stated by the prosecution the contraband article was found from the possession of the appellant and seizure of the same was made in due compliance with the relevant provision of the Act. The learned Judge also concluded that the seized contraband was nothing but heroine and hence considering the quantum of the article seized, the learned Judge found that the prosecution was successful to bring home the charge under Section 21 of the N.D.P.S. Act against the convict-appellant.