LAL DEO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Acting on a specific information, a batch of Intelligence Officers of Narcotic Control Bureau under the leadership of Superintendent of N.C.B. (EZU) went infront of Mohamilon Math (Northern Gate), P.W.D. Road, Baranagar, Kolkata on August 8, 1998 at about 3.30p.m. They intercepted the appellant Lal Deo and one Gokul Pal there. They disclosed their identity. The officers disclosed their purpose to them and wanted to search them. Before conducting the search, an offer in writing was given to them to be searched in person before a Magistrate or a Gazetted Officer. They also informed that one Gazetted Officer was already with them. It was the case of the prosecution that the appellant and Gokul gave their written consent to be searched in presence of the Gazetted Officer being P.W.6, N.C. Patra accompanying the raiding party.

(2.) On a search being conducted 310 grams of heroin were found from a polythene bag being carried by Lal Deo. Nothing was recovered from Gokul. The officers prepared a seizure list in presence of on lookers, namely, Shibnath Sahoo and Susanta Saha. The officers gave both the accused a notice under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to N.D.P.S.) Act, 1985 requiring them to attend the office of N.C.B. for further interrogation. The officers interrogated them at N.C.B. office. They made voluntary statement that Lal Deo wanted to sell 310 grams of heroin and Gokul arranged for a customer. They were waiting for the customer, the customer did not turn up possibly being apprehensive of the raid. Both of them were arrested. They were charged under Sections 21(C)/29 read with Section 21(C) of the N.D.P.S Act for possessing, selling, transporting and abetting contraband articles.

(3.) P.W. 1, Sri Nabani Dhar Paul, an Intelligence Officer, filed a written complaint in the Court of Learned Special Judge, Barasat, 24 Parganas (North) on December 08, 1998. The learned Judge thereafter framed charge. The accused were ultimately remanded to the judicial custody. They pleaded innocence and wanted to face the trial.