KARTICK SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -The present appeal has been preferred against the judgment and order of conviction and sentence dated 13.11.98 passed by the learned Special Judge, 6th Bench, City Sessions Court, Calcutta in N.D.P.S. Case No. 17 of 1997 thereby convicting the accused appellants under section 20(b) (I) of the N.D.P.S. Act 1985 and sentencing them to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 20,000/- each.

(2.) The prosecution case is that a team of officers of Narcotic Control Bureau intercepted one Kartick Shaw in front of Shantiniketan Hotel near Sealdah Fly over who was found to be in possession of a gunny bag. The officers disclosed their identity and on enquiry came to know that he was possessing 'Ganja' in his bag. The accused person was given the offer that he might be searched in presence of a gazetted officer, who was present with the team of officers of Narcotic Control Bureau. The accused agreed to be searched in presence of such gazetted officer. Two independent witnesses were collected and on search 25 Kgs. of 'Ganja' was recovered from the bag, which was seized in presence of witnesses. Samples were taken for chemical examination after observing all formalities. A notice under section 67 of the N.D.P.S. Act was served upon him and in compliance with the direction in the said notice Kartick visited the office of N.C.B. and made a voluntary statement on 29.4.97 admitting possession of Ganja.

(3.) Further prosecution case is that on 29.4.97 at 00.30 hours as a follow-up action, on recovery of 25 Kgs. of 'Ganja' as aforesaid, a raid was conducted in the godown at Berhampore, Murshidabad. The owner of the godown Goutam Saha was found present with two other persons named Ito Singh and Yaima Singh, who are the suppliers of 'Ganja'. The godown was searched in presence of independent witnesses at 7.30 hours on 29.4.97 and 2002.9 Kgs. of Ganja was recovered from the said godown, which was seized. Samples were taken for chemical examination after observing all legal formalities. Notice under section 67 was served upon all the three accused persons asking them to attend the N.C.B. Office. In compliance with the said notice all the three accused persons attended N.C.B. office and made voluntary statements. All the accused persons were arrested on 29.4.97 at 22.30 hours. The representative samples drawn from the recovered 'Ganja' were sent to the Chemical Laboratory, Customs House, Calcutta for Chemical test. The chemical examiner in his report dated 27.5.97 certified that the samples respondent positive to the test of 'Ganja'/cannabis.