MAHIRUL ISLAM BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) :- The present appeal is filed by the appellant accused against the judgement and orders dated 28th Feb., 2000 passed by the Learned Judge, Special Court under Narcotic Drugs And Psychotropic Substances Act, Murshidabad in Narcotic Drugs And Psychotropic Substances case No. 22/99. By the said judgement and orders, the Learned Trial Judge convicted the appellant under Sec. 21 of the Narcotic Drugs And Psychotropic Substances Act and sentenced him to undergo Rigorous Imprisonment for a period of ten years and also to pay fine of Rs. 1,00,000.00, in default of payment of fine to undergo further Rigorous Imprisonment for four 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 on 28.7.99 at about 16.10 hours, the Officer-in-charge, Hariharpara Police Station (P.W. 2) received secret information over telephone that the appellant, resident of Village Sahajadpur- Biswaspara kept heroin in his house. He recorded this information in the General Diary book under entry No. 720 dated 28.7.99 and communicated this information to the C.I of Police, Berhampur, (P.W.1) and Block Development Officer, Hariharpara (P.W.5) over telephone. At 16.30 hours, B.D.O, Hariharpara and C.I. Berhampur arrived at the Police Station. O.C. of Hariharpara P.S. along with the said superior Officers, S.I. M. Maity (P.W. 6), four Home guards and one goldsmith namely Kajal Adhikari (P.W. 4) left the P.S. for the raid. After arrival at the Village, the Police Officers cordoned both the entrance and exit of the house of the appellant and then he called two local witnesses namely Murtajul Biswas (P.W. 3) and Jillar Rahaman. He also called the appellant in front of his house and informed him that it was suspected that he kept heroin in his house. The O.C., Hariharpara P.S. also told him that he had right to search him and his companions but the appellant did not avail this privilege. Thereafter, in presence of B.D.O., C.I. and local witnesses and police party, the appellant brought out one packet containing powder which on weighment found to be 225 grams. The powder was smelt by the Officers and the witnesses and it was found to be heroin. The appellant failed to produce any document for having possession of the suspected heroin. The packet was seized under seizure list in presence of witnesses and two samples each containing 5 grams were taken out therefrom in presence of witnesses on the spot and the signatures of all the persons were taken on the said two sample packets including seized packet of remaining of 215 grams contraband substance. The appellant was arrested on the allegation that he was possessing unlawfully heroin. He was then taken to Hariharpara P.S. where a crime was registered.