SUMER AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal is directed against the decision of the Special Court under the Narcotic Drugs and Psychotropic Substances Act, Murshidabad in NDPS Case No.29 of 2006. The appellant who was accused no.1 before the Special Court has been convicted under Section 21(c) of the NDPS Act. He has been sentenced to suffer rigorous imprisonment for 14 years and to pay a fine of Rs.1,50,000/- and in default of such payment of fine to suffer rigorous imprisonment for further period of six months.

(2.) The case of the prosecution in brief is that on obtaining specific information from a source regarding the appellant being in possession of narcotics, a group of officers and staff of the Narcotics Control Bureau, Eastern Zonal Unit, Kolkata (for short NCB) reached Lalgola, Marwari Patti. The informer identified the appellant who was then intercepted by the officers outside Arup Studio. The appellant was carrying a multicoloured nylon bag in his right hand. The officers encircled him and disclosed their identity. The multi-coloured nylon bag was then searched by the officers as they had specific information that the narcotic substance would be carried in a bag by the appellant. A sample of the contents of the bag was tested on the spot and it was found that the brown coloured powder which was in the bag was heroin. The search resulted in a seizure of 2 kilograms of heroin from the appellant.

(3.) According to the prosecution, two independent witnesses were present when the seizure took place. Two polythene packets, containing 5 grams each of the substance recovered, were sealed and labelled and signed by the owner of the goods, the seizing officer and independent witnesses. These packets were then kept in a separate cloth envelope which was also sealed and labelled and signed again by all these persons. The remaining quantity of the heroin recovered and the used nylon bag were sealed and labelled and signed by all the aforesaid persons. A copy of the seizure report was furnished to the appellant. It is the case of the prosecution that the appellant was immediately served a notice under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) to appear before the Intelligence Officer, Narcotics Control Bureau, Kolkata on 27th August, 2006 at 8:00 p.m. for further interrogation and investigation. According to the prosecution, the appellant then met the Intelligence Officer at 8:00 p.m. in Kolkata and furnished a voluntary statement, admitting his guilt. The appellant was then arrested on the same night at approximately 11:23 p.m. The charge was framed on 22nd May, 2007 against the appellant and one Samirul Seikh @ Babu who the appellant had named in the alleged confessional statement. The prosecution has relied on the evidence of the six Intelligence Officers, that is the complainant and those who had intercepted the appellant in Lalgola. No other witnesses were examined by the prosecution.