SANDHYA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd. April, 1998 and sentence dated 24th April, 1998 passed by the learned Judge, Special Court under the N.D.P.S. Act at Howrah in N.D.P.S Case No. T.R.-25/97 (Crime No. 11/N.C.B./Cal/97). By the said judgment both the accused Smt. Sandhya Das and Smt. Dayal Dasi Das were found guilty of the offence punishable under Section 21 of the N.D.P.S. Act and convicted thereunder, and each of them was sentenced to suffer rigorous imprisonment for ten years and also to pay a fine of Rs. 1,00,000/- each, in default to suffer further imprisonment for one year each.

(2.) On 22nd August, 1997, a complaint was filed by one Sushil Kumar Das, Intelligence Officer, Narcotics Control Bureau, Eastern Zonal Unit, Calcutta, as a public servant alleging inter alia that acting on an information, a batch of the Narcotics Control Bureau (hereinafter referred to as NCB for brevity) intercepted two ladies i.e. Sandhya Das and Dayal Dasi Das on 26.5.97 at 10.00 hours infront of the Launch Ghat near Howrah Railway Station. The officers expressed their intention to seach them personally through a lady sepoy on suspicion that they were carrying heroin secretly on their persons. Both the ladies admitted that they were carrying heroin secreted in jangias worn by them. From amongst on looking passers by two persons were requested to witness the search and seizure and as both of them agreed, the officers gave to the said two ladies written offer to opt for their personal seach before a Magistrate or a Gazetted Officer elsewhere. Both the ladies expressed their unwillingness to move elsewhere and preferred to be searched personally on the spot. Accordingly, both the ladies got searched personally one after another by the participating lady sepoy in the nearest ladies lavotory with decorum and dignity in presence of the Superintendent (P) and Other Officers and the witnesses who were kept waiting just out side the lavotry. As a result of such search, a red jangia worn by Sandhya Das and a blue jangia worn by Dayal Dasi Das were recovered and produced before the waiting Superintendent (P) and Other Officers in presence of the witnesses and on inspection before the witnesses, it was found that the jangias had Special tailored cavity to secret articles in them and actually in the red jangia, two long polythene packets containing brown powder substance and in the blue jangia, one long polythene packet containing similar brown powder substance were found out. From each of three packets brown powder were tested by the officers in their drug detection kit and indicated it to be heroin. Each of three packets then was weighed and found that each of the packets was 500 gms. in weight indicating that Sandhya Das was carrying one kg. brown powder and Dayal Dasi Das was carrying 500 gms. of brown powder. On reasonable belief that the said brown powder substance believed to be heroin were liable to be confiscation under Section 60 of N.D.P.S. Act, 1985. Three packets along with two jangias were seized on observance of all legal formalities under the supervision of the Superintendent (P) in presence of the accused persons and the independent witnesses and all of them put their fingers' prints and/or signatures on the prepared search list. Two samples of 5 gms. brown powder each was drawn from each of the said three packets for chemical test and the rest quantities of the brown powder and the seized jangias were sealed and labeled. Notices under Section 67 of the N.D.P.S. Act were served upon both the ladies requiring them to accompany the officers to N.C.B. Office, Calcutta, for further investigation. In the N.C.B. Office, both of them tendered their written voluntary statement and admitted their guilt of carrying heroin on their persons for and on behalf of their employers in lieu of money towards carrying charges which they badly needed owning to their poverty. Accordingly, both of them were arrested and produced before the Court on 27.5.97. The samples were sent for chemical examination and on receipt of the report, it was confirmed that the seized articles was heroin. Accordingly, the complaint was filed against both of them for violation of the provisions imposed under Section 8 of the N.D.P.S. Act making them liable for punishment under Section 21 of the N.D.P.S. Act.

(3.) On receipt of the said complaint, the cognizance was taken under Section 21 of the N.D.P.S. Act. Separate charge was framed against both the accused persons under Section 21 of the Act on 22.12.97. Both the accused persons pleaded not guilty to the charge and accordingly seven witnesses were examined on behalf of the prosecution. No evidence was adduced on behalf of the defence. The defence case, that can be ascertained from the confession made under Section 313 of Cr. P.C. and suggestion given to the prosecution witnesses in cross-examination, is that the accused persons were arrested from a different place and a false case was filed against them and nothing was recovered from them.