MD ARIF Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction dated 17.07.2017 and 24.07.2017 passed by the learned Judge, Bench I City Sessions Court Calcutta in NDPS Case No.12/2011 convicting the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985, and sentencing the appellant Md. Arif (in jail), the appellant before us, to suffer rigorous imprisonment for eleven (11) years and pay fine of Rs.1,00,000/- (Rupees One Lakh) only, in default to suffer simple imprisonment for one year further.

(2.) Ndps Case No. 12/2011 arose from a complaint lodged by one Saikat Saha, Senior Intelligence Officer, Directorate of Revenue Intelligence, Kolkata Zonal Unit, Govt. of India, that acting on a specific intelligence that one person named Imran would be coming from Siliguri with a consignment of 'Hashish' (Charas) by a Sleeper coach Bus of Modern Travels and would hand over the same to one Arif, the appellant herein at Dharmatala Bus Terminus in Kolkata. Accordingly, a batch of Officers belonging to the Directorate rushed to the said Bus Terminus on 03.08.2011 and kept surveillance in and around the said place. When the Officers noticed one person getting down from a luxury bus of Modern Travels, at the said Terminus, along with one multi-coloured rucksack on his back. The Officers found that after getting down from the bus, the said person waiting in front of the ticket counter of Modern Travels and while they started talking each other the multi-coloured rucksack bag was handed over by aforesaid person, that is, Md. Imran to the appellant. Ultimately, on search the contraband drug was recovered weighed 5 kg. from the possession of the appellant. Samples were taken in presence of two independent witnesses as also the accused persons. The Officer of the Directorate seized that recovered Alamat like multi-colorued rucksack, 10 polythene packets and the brown-coloured adhesive tapes, two bus tickets of the Modern Travels, two old mobile Handsets. On preparation of seizure list one copy of the said seizure list, that is, Panchnama and inventory was handed over to the accused persons in presence of witnesses. Thereafter, notice under Section 67 of the NDPS Act was served and in response thereof accused rendered his voluntary statement before the Directorate on 3rd August, 2011, wherein the said Md. Imran admitted, inter alia, that he had come to Kolkata from Siliguri along with 5 Kg. 'Hashish' for delivering the same to Md. Arif, that is, accused No.2 at Dharmatala Bus Stand. Similarly, accused no.2/appellant also rendered his voluntary statement on 03.08.2011 that he used to receive 'Hashish' (Charas) and after receiving the same from Imran he used to deliver it against monetary consideration, to different persons at Kidderpore, for onward transmission to Hong Kong and other places. Those two persons were arrested under Section 43 of the NDPS Act on the same day, that is, 03.08.2011.

(3.) Those seized articles were sent to Chemical laboratory, Custom House, Kolkata and after chemical examination Custom House confirmed that the samples are the "resinous extract of plant Cannabis Sativa (Charas)". By lodging the written complaint complainant prayed for appropriate action against the accused persons and to forward to court on 04.08.2011. Accordingly, the said NDPS case was started under Section 20(b)(ii)(C) of the NDPS Act.