SK MAHATAB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 7/2/2020 passed by the Learned Judge, Bench-I, NDPS Court at City Sessions Court, Calcutta in NDPS Case No. 25/2015 thereby convicting the appellant for commission of offence under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act and sentencing him to suffer Rigorous Imprisonment for two years and also to pay fine of Rs.3,000.00 in default to suffer further rigorous imprisonment for three months.

(2.) Maidan Police Station Case no.164/15 dtd. 4/9/2015 was registered for investigation on the basis of a complaint lodged by Azizul Islam, Sub- inspector of police attached to Maidan Police Station with the Officer-in-charge of the said police station. The allegation made in the letter of complaint treated to be the F.I.R. of the instant case were to the effect that the complainant received a source information that a person would be visiting in the area of Maidan Police Station to sell drugs in the morning of 4/9/2015. As such a team was formed after receiving permission from D.C. South Division to conduct raid. As such on 4/9/2015 at about 10.00 hrs. the raiding team left for the spot and reached New Road in front of Press Club, at about 11.40 hrs. a male being accompanied by two persons were coming along the New Road carrying a black bag, he was intercepted however, the other two persons fled away. The Officers disclosed their identity and also informed him the purpose of detention. A crowd also gathered in and around the area and two persons from the crowd voluntarily agreed to be witness of search and seizure. The detained person disclosed his identity as Sk. Mahatab and he was informed of his legal right to be searched either before a Learned Magistrate or Gazetted Officer. The detained persons agreed to be searched in presence of a Gazetted Officer. As no Gazetted Officer was available in the locality, the complainant informed his superior and at about 13.10 hrs. Inspector Tarun Tikadar, O/C VSOP reached the spot in uniform and introduced himself as Gazetted Officer to the detainee and the witnesses. The detainee was explained and offered option by the Gazetted Officer when the detainee again confirmed to be searched by the complainant in presence of the Gazetted Officer. The detainee expressed his intention to search the complainant prior to he being searched, however, nothing was found from the complainant except his personal belongings. The complainant thereafter searched the detainee in the spot in presence of others and a black coloured back bag having multiple chamber fitted with chain and zips which was carried by him with his right hand. In the middle chamber of the bag a big block of flowering and fruiting tops of cannabis plant i.e. ganja having characteristic smell wrapped with brown coloured cello tapes was found weighing about 5 kgs and sum of Rs.600.00 was seized. The sample was weighed and on testing a small quantity of contraband with the aid of test kit, the sample responded positive to ganja. A seizure list was prepared in respect of the seizure effected, sample of 100 gm were taken from the mother sample. Three packets were packed which are A (mother packet), B (sample packet) and C (cash) respectively. The accused and the witnesses signed/LTI on the seizure list and in the labels. After completing seizure and preparing the seizure list on the spot and as no explanation was offered regarding possession of contraband the accused was arrested at 15.00 hrs. The complainant recorded the statement of the witnesses and the Gazetted Officer under Sec. 161 of the Code of Criminal Procedure at the spot. The Complainant thereafter prayed before the O/C Maidan P.S. to register FIR and start a case under Sec. 20(ii)(B)/29 of NDPS Act against the accused/appellant.

(3.) The case was assigned by the O/C of Maidan Police Station to Khandakar Sadre Alam, who on conclusion of investigation submitted charge- sheet on 5/12/2015 before the Learned Judge, Bench-I, City Sessions Court, Calcutta under Sec. 20(b)(ii)(B)/29 of the NDPS Act. The learned Trial Court framed charge against the Appellant/accused under Sec. 20(b)(ii)(B) of the NDPS Act. The charge was read over to the Accused/Appellant, who pleaded not guilty and claimed to be tried.