SUKUR ALI @ SUKU Vs. STATE

JUDGEMENT

(1.) This appeal on behalf of the appellant Sukur Ali @ Suku is directed against the judgment & order dated 14.4.94 passed by the ld. Special Judge, 12th Bench, City Sessions Court, Calcutta in N. D. P. S. No. 27/93/N. D. P. S. No. 56, 93 convicting the appellant under Section 21 of the N. D. P. S. Act, hereinafter referred to as N. D. P. S. Act and sentencing him to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/- (one lakh) in default to suffer further S. I. for six months.

(2.) Prosecution case, in brief, is that on 13.2.93, Intelligence Officers of Narcotic Control Bureau, hereinafter referred to as N. C. B. , Eastern Zonal Unit, Calcutta, having their office at 4/2, Kereya Road, Calcutta - 70, had been to a place, in front of Bata Shop on Jawaharlal Nehru Road to work out an information from source regarding commission of offence under N. D. P. S. Act. While maintaining watch, they arrested the appellant Sukur Ali on identification by the source and recovered from his possession two packets of brown powder suspected to be heroin, inside the ploythene carrybag held in his hand. The appellant was taken to the aforesaid office of the N. C. B. , where he made a confessional statement to the Intelligence Officers. The alamat was sealed and labelled and tested chemically in the chemical laboratory of the customs house. On the basis of the statement of the appellant Sukur Ali, another accused Zainal Abedin was also arrested. On receipt of the Chemical Analyst the N. C. B. Officer, (P. W. 1) lodged the complaint under Sections 21 & 21/29 of the N. D. P. S. Act against both the accused. Charge was framed under Section 21 of the N. D. P. S. Act against the appellant Sukur Ali and under Sections 21/29 of the N. D. P. S. Act against both Sukur Ali and Zainal Abedin. Both the accused, however, pleaded "Not guilty" to the charge and denied the prosecution case of arrest and seizure in the manner as alleged on behalf of the prosecution.

(3.) Prosecution examined 7 P. Ws. in support of the prosecution case.