BINDHYACHAL SINGH Vs. THE NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The challenge in this appeal is to an order of the High Court of Calcutta by which the conviction of the accused appellant under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") as recorded by the learned trial court has been altered by the High Court to one under Section 21(b) of the Act. Consequently the sentence of 15 years rigorous imprisonment with fine of Rs. 1,00,000/- (Rupees one lakh), in default to further rigorous imprisonment of one year has been altered to one of rigorous imprisonment of eight years while maintaining the sentence of fine and the default sentence.

(2.) The evidence on record would go to show that on the date of occurrence the accused appellant was apprehended in front of the National Library, Alipore, Kolkata and on a search conducted the contraband was recovered from a rexin bag in possession of the accused appellant. The recovered substance was tested and samples were drawn in accordance with the provisions of the Rules and sent for analysis. The report of the chemical analysis indicated the recovered substance to be heroin containing 43.9% of the prohibited drug. Hence the conviction as recorded by the trial Court.

(3.) In appeal, a plea with regard to violation of Section 50 of the NDPS Act was urged on behalf of the accused. The said plea did not find favour with the learned courts below inasmuch as the recovery was from a rexin bag and not from the person of the accused. It was also found that PW-3, a Gazetted officer was present at the time of the search. In above circumstances, we find no ground to find any fault with the order of the High Court holding the accused liable.