NAYANA BARMAN Vs. N C B & STATE

JUDGEMENT

(1.) This appeal on behalf of the appellant Smt. Nayana Barman is directed against the judgment and order of conviction and sentence dated April 27, 2000 passed by the learned Judge, Sepecial Court under N.D.P.S. Act, and Additional District & Sessions Judge North 24 - Parganas at Barasat convicting the appellant under Section 21 of the N.D.P.S. Act, and sentencing her to undergo R.I. for (ten) years and also to pay fine of Rupee 1 (one) lakh in default to undergo R.I. for a further period of 2(two) years.

(2.) The prosecution case is that on 13.9.97 acting on an intelligence a batch of Intelligence Officers including P.Ws.1, 3 & 5 and a lady, sepoy (P.W.4) led by a Gazetted Officer (Superintendent) of Narcotics Control Bureau (hereinafter referred to as "NCB" for short) Eastern Zonal Unit Calcutta, intercepted the appellant at the platform No. 1 of Palta Railway Station at about 22.00 hrs. The officers disclosed their identities and on being asked by the officers, the appellant also disclosed her identity. The officers then called two independent witnesses at the sport and offered an option to the appellant be searched in presence of a Magistrate or a Gazedtted Officer. The appellant was also told that one Gazedtted Officer was present with them and if the appellant desired she might be searched before the said Gazetted Officer. The appellant agreed for the search in presence of the said Gazetted Officer and the said 2 independent witnesses and the lady sepoy (P.W.4). Accordingly, on search of the person of the appellant by that lady sepoy, a polythene packet containing brown coloured power was recovered from the inside of the appellant's wearing blouse. A little of the said brown powder was tested by the officer with their drug detection kit and the same tested positive to the test of heroin. On weighment the polythene packet containing brown powder was found to weight 50 gms. The said brown powder was seized along with the polythene packet in presence of the appellant, the said two independent witnesses under the supervision of the said Gazetted Officer and one sample in duplicate of 5 gms. each drawn from the seized polythene packet were kept in cloth envelope sealed and signed by the appellant, the independent witnesses and the seizing officer and the rest quantity were kept in a separate cloth envelope property sealed and singed by them.

(3.) The appellant was served with a copy of the seizure list and a notice under Section 67 of the N.D.P.S. Act, asking her to attend N.C.B. Office Calcutta for further examination. The appellant accordingly went there on 13.9.97 and made a written statement (Ext. 6) wherein she confessed her guilt of possessing the hereion for sale and thus rendered herself liable to prosecution under Section 21 of the N.D.P.S. Act, for contravention of the prohibition under Section 8 of the said Act. She was arrested at the N.C.B. office on the same day (13.9.97) under Section 43 of the N.D.P.S. Act. The sample drawn from the recovered hereion responded positive to the test of heroin in chemical test conducted by the chemical examiner in chemical laboratory at Customs House. Accordingly, the Complainant (P.W.1.), who is an intelligence officer of N.C.B. Calcutta lodged the complaint for taking cognizance of the said offence against the appellant and for her trial in accordance with law.