BABU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order of conviction and sentence passed under Sec. 21 of the N.D.P.S. Act, 1985 whereby the Appellant has been asked to undergo R.I. for 10 years and to pay a penalty of Rs. 1,00,000.00, in default, to suffer R.I. for a period of one year further.

(2.) The prosecution case shortly stated in course of hearing is that on October 13, 1993 at about 1 -00 p.m. Manoj Kumar Das, S.I. of Police of Entally P.S. having received a secret information that one herein pleader was likely to come in front of the main gate of Chinese Burial Ground on D.C. Dey Road, therefore, he along with Saroj Kumar Bhattacharjee, the then Officer -in -Charge of the Entally P.S. with other Constables proceeded to the main gate of Chinese Burial Ground on D.C. Dey Road. They kept close surveillance on the movement of the Appellant Babu Das @ Nona and intercepted him on suspicion at about 14 -10hrs. Accordingly, the raiding party had surrounded and apprehended the Appellant for the purpose of interrogation.

(3.) In course of interrogation the Appellant disclosed his name and thereafter he was asked as to whether he would like to be searched in presence of any Gazetted Officer or Magistrate or not and he exercised option to be searched at the spot in presence of the witness. P.W. 2 Manoj Kumar Das, S.I. of Entally P.S. requested some members of the public to be witnesses to the seizure. Accordingly, P.W. 1, P.W. 3 and P.W. 4 reached at the spot and in their presence the search as well as the seizure was conducted.