MAINUL HAQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment and Order of conviction passed in N.D.P.S. Case No.70 of 2007 by the learned Judge Special Court under N.D.P.S. Act, Murshidabad at Berhampore on 23rd September, 2011 convicting the appellants under Section 21 (c) of the N.D.P.S. Act. They are also sentenced to suffer Rigorious Imprisonment for 10 (ten) years each and to pay a fine of Rs.1,00,000/ - (one lakh) each in default to suffer further Rigorous Imprisonment for one year each.

(2.) PUT in a short frame, the prosecution case is as follows: - On 31.08.2007 at about 6:00 hours the team of N.C.B., Eastern Zonal Unit moved towards Paharpur Ghoshpara area and ambushed on Lalgola -Jangipur Road which is about two kilometers from the New Bus Stand, Lalgola. At about 8:30 hours as per the indication of informer the said team intercepted two persons who were coming from Lalgola side on foot on interception the Officer disclosed their identity as Officers of N.C.B. , Eastern Zonal Unit, Kolkata. The Officers further revealed the intention to search their person as they had information that they were carrying good quantity of heroin with them. On asking the aforesaid persons they disclosed their names as Mainul Haque and Jamirul Sk. Both the accused persons voluntarily took out one packet each from inside their underwears which were kept secreted at pubis of both the them. A small quantity of recovered brown coloured substance believed to be heroin (from both the packets) was tested by the field test -kit and which responded positive to the test of heroin. Both the recovered packets were weighed separately and it was found 500 gms (gross) each, in total it is 1000 (gms). Thereafter, police arrested the appellants/accused persons and after completion of investigation the Intelligence Officer of N.C.B. filed the complaint on 22.02.2008 in final form against the accused persons. Charge was framed against both the accused persons namely 1. Mainul Haque and 2. Jamirul Sk @ Jamirul Haque under Section 21 (c) read with Section 29 the N.D.P.S. Act. Accordingly trial started and after completion of trial learned Judge, Special Court under N.D.P.S. Act held the appellants guilty and convicted them as aforesaid.

(3.) P .W.1 is the Intelligence Officer at Narcotics Control Bureau who was the informer/complainant. In his evidence he stated that the petition of complaint was lodged exclusively on the basis of documentary evidence on the instructions of the Zonal Director, N.C.B, Eastern Region. He agreed that contraband articles were not in the Court room. He also stated that he could not say in which godown they were kept. He further deposed that he could not say the date and time when the alleged contraband articles were kept in the godown before filing petition of complaint. He deposed that name of the gazetted officer who was allegedly present at the time of incident was not mentioned in the petition of complaint. He had no personal knowledge about the case.