ALAUDDIN SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 25/4/2014 and 28/4/2014 passed by the learned Additional Sessions Judge and Special Court under N.D.P.S. Act, 6th Court at Barasat, North 24-Parganas in Case No. N-179 of 2006 convicting the appellant under Ss. 18(b), 18(b) and 15(c) of the N.D.P.S. Act and sentencing him to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000.00, in default, to suffer rigorous imprisonment for two years for the offence punishable under Sec. 18(b) of the N.D.P.S. Act in respect of recovery of 3.950 kgs. of opium at Barrackpore Railway Station Platform and to suffer fourteen years of rigorous imprisonment and to pay a fine of Rs.1,50,000.00, in default, to suffer rigorous imprisonment for three years for the offence punishable under Sec. 18(b) of the N.D.P.S. Act with regard to recovery of 21.500 kgs. of opium from the kitchen of the residential house of the appellant at Kulgachi, Tehatta and to suffer rigorous imprisonment for fourteen years and to pay a fine of Rs.1,50,000.00, in default, to suffer rigorous imprisonment for three years for the offence punishable under Sec. 15(c) of the N.D.P.S. Act with regard to recovery of 550 kgs. of poppy husk/straw in the granary attached to the residential house of the appellant, as aforesaid.

(2.) Appellant was called upon to answer the following charges:-

(3.) P.Ws. 3 to 7 are members of the raiding party. They were intelligence officers who were attached to NCB EZU, Kolkata. On 23/8/2006 a specific information was received at 13:30 hours which was recorded in writing and communicated to the superior officer. Upon endorsement by the superior, movement order was issued and on the strength of the movement order the officers left in two vehicles to the Barrackpore Railway Station to work out the information. The team reached the railway station at 15:15 hours. As per information, a person was apprehended at the ticket counter adjacent to platform No. 1 of the railway station. Officers disclosed their identity as NCB Officers. The suspect was carrying a bag on his right shoulder. The team members requested two of the onlookers to join the search as independent witnesses. In front of independent witnesses the suspect was interrogated and he disclosed his identity as appellant. He voluntarily handed over his bag to the officers. Upon searching the bag a polythene packet containing brown blackish sticky substance was recovered. Using the test kit it was found that the substance contained opium. Accordingly, the offending substance was seized and two samples drawn from the seized article were kept in an envelope. The remainder of the seized article was kept in a separate envelope. Weighment was taken and it was found that the article seized is to the tune of 3.950 kgs. A seizure list was prepared and signed by the appellant. Appellant further disclosed, in course of interrogation, that narcotic substance was kept in his house. Accordingly, officers raided the residence of the appellant on the same day at 22:15 hours. In course of raid a white colour plastic container was found. On opening the container blackish brown sticky substance was recovered. By using the test kit it was confirmed that the substance was opium. Weighment was made and it was found that the recovered substance suspected to be opium weighed around 21.5 kgs. Samples were taken from the said seized item and kept in a separate envelope. Thereafter, search was also undertaken at the granary of the appellant and 93 gunny bags containing poppy husk was recovered. Total weight of poppy husk recovered was 550 kgs. Samples were also taken from the seized poppy husk. Further statements of the appellant were recorded by the intelligence officer. Thereafter, the appellant was arrested.