MUNNA NAI Vs. STATE

JUDGEMENT

(1.) This appeal arises out of conviction and sentence recorded by Shri D. K. Chakraborty, Sessions Judge, Howrah, in S.T. case No. IV (April, 1991).

(2.) The Excise Department of the State Government filed a report under s. 21 of the Narcotic Drugs and Psychotropic Substances Act (for short N.D.P.S.), alleging that on 7-11-1989, H. Chakraborty, Sub-Inspector, Excise Department, Howrah, along with staff was on duty at platform No. 2 of Howrah Railway Station. At 12 O'clock the appellant Munna Nai was apprehended by P.W. 4 Bhola Prosad, Constable, out of suspicion and brought to P.W. 1, H. Chakraborty. The appellant was carrying a gunney bag which was searched in presence of witnesses. Two polythene packets containing some powder suspected to be brown sugar were found inside the gunney bag. The two packets were seized and duly weighed on the spot. The weight of one packet was 400 Gms. and that of the other packet was 235 Gms. P.W. 1, H. Chakraborty prepared two sample packets. Mr. Chakraborty took out samples from the contents of each of the packets. The appellant was arrested and kept in the G.R.P. lockup. The two samples taken out of the seized packets were sent for chemical examination to drug laboratory. The laboratory reported that the powder taken out of material Exhibit-4 contained heroin while the other sample was not found to be a contraband.

(3.) Report was filed in the Court. The ld. Sessions Court framed charge under S. 21 of the NDPS Act. The appellant pleaded not guilty. The ld. court found charges proved. The appellant was convicted. The ld. trial court awarded rigorous imprisonment for 15 years and also imposed a fine of Rs. 1,00,000/- or in default to suffer rigorous imprisonment for three years. Hence this appeal.