(1.) This appeal is directed against judgment and order of acquittal dated July 17, 2003 passed by the learned Judge Special Court under N.D.P.S. Act, South 24-Parganas, Alipore in Sessions Trial No.1 (1) 2003.
(2.) The backdrop of the case in a nutshell is as under:-
(3.) The intercepted person disclosed his identity as Rafiqu Ahmed Sk. of Chinkral Mohallah, Haba Kadal, P.O. & P.S.-Haba Kadal, Srinagar, Kashmir. After knowing the desire of the NCB Officers to search him of his person, he agreed in writing to be searched before a Gazetted Officer of NCB. One Gazatted Officer (PW 6) arrived at the spot at 15.00 hours. The above intercepted person was verbally offered to search the NCB Officers before conducting search of his person. He verbally declined to do so.