RAHUL CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Appeal No.734 of 2006 has been filed by Rahul Chakraborty and Swapan Mishra against the judgment and order of the Special Court under the NDPS Act, Barasat. Swapan Mishra has filed another appeal against the same judgment and order being CRA 354 of 2010. Both the appeals have been heard together.

(2.) The case of the prosecution is that the Intelligence Officers of the Narcotics Control Bureau (hereinafter referred to as "NCB") acted on specific information received and proceeded to Burdwan Bypass More to conduct a raid. A group of NCB Officers reached there by 12.30 a.m. on 2nd July, 2003. They tried to intercept a Mahindra Marshal jeep bearing No. WB-02B-7864, which was seen approaching from the Panagarh side at about 1 a.m. The vehicle did not stop though the officers tried to stop it. The officers then chased the vehicle for a long distance and were finally able to intercept it at Dunlop More at 4 a.m. on 2nd July, 2003. The driver of the vehicle managed to escape. The other persons who were sitting in the car disclosed their names as Rahul Chakraborty and Swapan Mishra. The officers then informed the two persons that they intended to search the vehicle as they had specific information that a huge quantity of ganja was kept concealed in cavities in the vehicle. The officers had no equipment to open the concealed cavities. Therefore, they decided to take the vehicle to the NCB Office at Karaya Road, Kolkata.

(3.) As a follow-up action, the officers and staff of the NCB, EZU, claimed that they seized ganja from some other persons who were coaccused in this case, namely, Kusum Debnath and Dilip Dutta. Those persons have been acquitted by the Special Court.