NIRAPADA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 20. 11. 1998 passed by the learned Judge, Special Court under N. D. P. S. Act, Murshidabad in N. D. P. S. Case No. 23/97 by which the appellant was convicted for the offence punishable under Section 21 of the N. D. P. S. Act. By an order dated 21. 11. 98 the appellant was sentenced to suffer Rigorous Imprisonment for a period of ten years and also to pay fine of Rs. 1,00,000/-, in default of payment of fine to suffer further Rigorous imprisonment for two years.

(2.) BEING aggrieved by the orders of conviction and sentence passed by the learned trial Court, the appellant has preferred the present appeal.

(3.) PROSECUTION version in a nutshell was that in pursuance of source information recorded in G. D. Entry No. 758 dated 20. 11. 1997 at 21. 05 hours and after sending R. T. message to C. I. of Police, Berhampur, a Gazetted officer, the O. C. , Lalgola Police Station (P. W. 7) along with other Police officers and force left for Village Dakshin-Sudarshanganj to work out the information. After arrival at Village Dakshin-Sudarshanganj, the Police officer knocked at the door of the appellant who opened the door. Police officer informed the appellant that it was suspected that he kept heroin in his house. On interrogation in presence of public witness and C. I of Police, lalgola, the appellant confessed his guilt and brought out a small deep green coloured cloth bag containing two polythene packets of heroin weighing 125 grams each that is 250 grams in total which was kept concealed on the first floor of the staircase of the house of the appellant. Thereafter, in presence of C. I. of Police (P. W. 8) and two witnesses viz. P. W. 3 and P. W. 4, contraband articles along with cloth bags and packets were seized and sample of 3 grams from each of the two packets were drawn for chemical examination. The appellant was arrested on the allegation that he was possessing unlawfully heroin. He was taken to lalgola Police Station where a crime was registered.