STATE OF WEST BENGAL Vs. BABU CHAKRABORTY

JUDGEMENT

(1.) This appeal is preferred by the State of West Bengal and two others to set aside the judgment of the Division Bench of the Calcutta High Court and also for expunging certain strictures passed against appellant Nos. 2 and 3, who belong to the Indian Police Service Cadre and a member of the West Bengal Police respectively. The High Court set aside the order of conviction and sentence passed by Additional Sessions in Sessions Trial No. 29 of 1990 convicting the respondent herein, Babu Chakraborthy, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as "the Act") and sentencing him for rigorous imprisonment for 10 years and pay a fine of Rs. 1 lakh in default of which one more year of imprisonment is to be undergone.

(2.) Briefly stated, the case of the prosecution is as under : On obtaining of secret information, a raid was conducted at the house of the respondent/accused at about 21.45 hours under the supervision of appellant No. 2, K. L. Meena, the then Additional Superintendent of Police, Burdwan, accompanied by appellant No. 3, the Sub-Inspector and other persons and seized 3 gms 25 mgs of Heroin. The accused was arrested for possession in contravention of Section 8(c) of the Act.

(3.) According to the possession, necessary formalities as envisaged under Section 50 of the Act was observed by the raiding Police party. Thereafter, the accused on his own produced 123 packets containing Diacetyl Morphine commonly known as Heroin. The said 13 polythene packets were seized under a seizure list prepared. Witnesses signed the seizure list. Subsequently, seized articles were sealed and labelled. G.D. entry No. 275 at the Police Station was made at 11.30 p.m. by the officer-in-charge of the said Police Station, who was not the member of the raiding party. G.D. entry No. 276 was made at 11.55 p.m. at the same Police Station where the accused was produced and the seized articles were handed over to the Excise Officer. The Excise Officials took charge of the accused for production before the Court. At about 7.00 a.m. on 6-5-1989, O.C. Memari Police Station sent wireless message to S.P. Burdwan and other senior officers mentioning full details regarding arrest and seizure on being instructed by P.W.4. The said message was received by the control room of S.P. Burdwan at about 8.00 a.m. At about 4.00 p.m. on the same day, S.P. Burdwan sent a special message to Police, West Bengal, I.B., Crime, Commissioner, Burdwan Division, G.I.G. Burdwan Range, D.M. Burdwan etc. mentioning full details regarding the arrest and seizure.