ALL HOSSAIN @ DULAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal arises out of judgment of conviction and sentence passed by Additional Sessions Judge, 5th Court, Alipore in Sessions Trial No. 3(II) of 1990 whereby the learned Judge convicted and sentenced the accused/appellant to suffer rigorous imprisonment for 16 years and to pay a fine of Rs. 1, 50,000/- in default to suffer R.I., for 4 years under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act").

(2.) The prosecution case as appears from the G.D. Entry No. 31 dated 1.5.88, of Ekbalpur P.S. which has been treated as F.I.R. is that Sub-Inspector (Section Z) on the basis of a source information conducted a search at 18 A, M.P. Road on that day between 14.00 hours and 14 30 hours in presence of two local witnesses. Seeing the arrival of police the accused/appellant who was present in his room tried to conceal himself but the police party caught hold of him, conducted search of his person and found 35 small paper packets weighing about 12 grams in all containing heroin powder wrapped-up in an ash-coloured handkerchief which was kept in his left trouser's pocket. A seizure list was prepared on the spot in presence of witnesses after observing all legal formalities. The room was also searched but no further incriminating articles could be found. The paper packets were numbered and kept in an envelope which was also sealed. On return to the P.S. Sub-Inspector recorded the seizure list and also took up the case for further investigation as per direction of the O.C. The accused was kept in the P.S. and seized articles were kept in P.S. Malkhana. A telephonic message was also sent to A.C. and also D.C. (DD.II) in-charge of the Narcotic Cell.

(3.) The seized articles were sent to the Central Public Health and Drug Laboratory, Government of West Bengal. On analysis the Government Analyst certified the contents to be heroin. After completion of investigation, charge-sheet was submitted. The learned C.J.M. concerned took cognizance of the offence and after supply of copy committed the case to the Court of Sessions.