GAUTAM KUMAR ALIAS LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated July 31, 1997 and sentence dated August 1, 1997 passed by the learned Judge, Special Court of the N.D.P.S. Act, Howrah, in T.R. Case No. 38 of 1995. By the said judgment, the learned Judge found the present appellant Gautam Kumar @ Lai guilty for an offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act, for brevity) and sentenced him to suffer Rigorous Imprisonment for a period of ten years and also to pay fine of Rs.1,00,000/- in default to suffer imprisonment for a further period of two years.

(2.) The case in brief is that Nabani Dhar Paul, Intelligence Officer of the Narcotic Control Bureau (hereinafter referred to as N.C.B. for brevity), Eastern zonal Unit, filed a complaint before the learned Additional District Judge, 3rd Court at Howrah on 21.12.1995 alleging that acting on intelligence, a batch of officers including a lady officer of N.C.B., led by a Gazetted Officer visited the Opium and Bhang Shop at 18, Satyanarayan Temple Road, P.O. Salkia, P.S. Malipanchghara, Dist. Howrah on 18.10.1995 at 12.05 hours where they found the said Gautam Kumar @ Lai, the only occupant of the shop, as its registered salesman. On disclosing their identities, Officers expressed their desire to search the shop which the said Gautam Kumar @ Lai acquiesced. The officers of the N.C.B. thereafter entered into the shop with two independent witnesses, called upon from amongst on lookers, and searched the said shop in presence of Gautam Kumar @ Lai and the said two witnesses. As a result of the search, a lump of dark brown sticky resinous substance was recovered from inside an iron box of the shop and two more such lumps were recovered from inside an old used yellow colour nylon bazar bag lying on a wooden cot in the shop; a little quantity of each of the said three lumps was tested by the officers with the help of their Field Test Kit and each of them was found to respond positive to the test of opium. Three lumps were weighed and it was found that the lump recovered from the iron box weighed 1.140 kg. and other two lumps recovered from the nylon bazar bag kept on the wooden cot weighed 3.090 kg. and 3.475 kgs. respectively.

(3.) On examination of the daily opium stock register of the shop, it was found that the day's opening balance of opium was 1.1402 kg. and thus excess quantity of 6.565 kgs. was not indicated in the book balance of the shop. On demand by the officers, the said Gautam Kumar @ Lai failed to produce any valid document either for licit acquisition/possession of the said excess opium of 6.565 kgs. or for its licit transaction of purchase and sale. On reasonable belief that offence was committed and that all the said substances were liable to be confiscated under sections 60 and 61 of the N.D.P.S. Act in respect of the excess quantity of 6,565 kgs. of opium and the said 1.140 kg. of opium, claimed to be licit Treasury Opium, was to be sold or intended to be sold to unauthorised persons without sale voucher solely as well as in admixture with illicitly acquired opium in concealment of the later. Those three lumps of opium along with stock register and other documents with the yellow nylon bag were inventorised and seized under section 42 of the N.D.P.S. Act in presence of the said Gautam Kumar @ Lai and tow local witnesses. Three representatives samples each in duplicate of 25 gms. were drawn from the said three seized lumps of substance for chemical test and the said six samples and the remaining part of the said three lumps were secured and sealed following all formalities.