LAWS(CAL)-2019-3-2

PRASUN CHAKRABORTY Vs. NARCOTIC CONTROL BUREAU

Decided On March 01, 2019
Prasun Chakraborty Appellant
V/S
NARCOTIC CONTROL BUREAU Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 19.06.2012 and 20.06.2012 convicting the appellants for commission of offence punishable under section 20(b)(ii)(C) of the NDPS Act and sentencing them to suffer rigorous imprisonment for fifteen years and to pay a fine of Rs.1,50,000/- in default to suffer rigorous imprisonment two years more.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on 26.09.2006 at 9.30 p.m. P.W.2, Hemabrata Bose, the then Intelligence Officer attached to NCB, received information that one blue coloured Mahindra Marshal jeep, Blue bearing registration no. WB-26C-3869 containing huge quantity of ganja is coming from Guwahati to Calcutta through NH34 and would reach Barasat in the early hours of 27.09.2006. He reduced the information into writing and intimated his superior officer in that regard. He obtained permission from the superior officer to conduct raid. Thereafter, P.W.2 along with other officers attached to NCB kept watch on NH34. Around 6.15 hours a blue coloured Mahindra vehicle bearing registration no.WB-26C-3869 was identified by the source and was intercepted. The NCB officers disclosed their identity and asked the driver and another person to come out of the vehicle. The officers disclosed their intention to search the said vehicle as they had information ganja was concealed inside the vehicle. The driver disclosed his identity as Gopal Roy of District Kamrup, Assam and the other person stated he was Prasun Chakraborty, s/o late Ajit Kumar Chakraborty, of 20/21 Ram Charan Seth Road, Ramrajatala, Howrah-4. They admitted that they were carrying ganja concealed inside the vehicle. Thereupon, NCB officers called two independent onlookers to witness the search. They also offered themselves to be searched by the suspects but the latter declined. Upon searching the vehicle three slabs of flowering tops of cannabis plant believed to be ganja wrapped in polythene packet and four numbers of gunny bags containing flowering tops of cannabis plant believed to be ganja along with two number plates bearing No. AS-3-1753 marked as 'Police' in Red colour and another number plate marked 'Police' in Red colour were recovered. Prasun Chakraborty voluntarily handed over Rs.3,580/- and his Nokia brand mobile handset model No. 1100 to the officers. Small portions of the seized articles were tested in the field drug detection test kit which responded positive to ganja. On weighment, the total weight of the contraband seized was found to be 191 kgs. The said contraband along with the vehicle, mobile phone, etc., were seized under a seizure list. Samples of 25 grams in duplicate were drawn at random from the seized consignments and kept in packets which were sealed, labelled and signed. The remaining bulk of seized contraband was also sealed, labelled and signed. The seized mobile handset along with Rs.3,580/- were put separately in paper envelopes and further sealed and signed. The suspects were served notice under section 67 of the NDPS Act and they accompanied the NCB officers to their office. Thereupon, the said persons made voluntary statements admitting their guilt. Pursuant to the voluntary statements made by the aforesaid persons, they were arrested in the instant case and the seized samples were sent for examination to the Chemical Laboratory, Customs House, Kolkata on 28.09.2006. Report of the Chemical Examiner received on 31.10.2006 confirmed that the seized consignments contained ganja. Accordingly, P.W.1 filed petition of complaint against the appellants resulting in the present prosecution. Charge was framed against the appellants under section 21(b)(ii)(C) of the NDPS Act. They pleaded not guilty and claimed to be tried.

(3.) In the course of the trial prosecution examined nine witnesses and exhibited a number of documents. Summons were issued upon the independent witnesses to the search which, however, returned unserved as they were not found at the addresses disclosed in the summons. Defence of the appellants was one of innocence and false implication. It was the specific defence of Prasun Chakraborty that on intervening night of 26-27.09.2006 some officers NCB had come to his residence and wanted to forcefully entered his house. He intimated Inspector Shyamal Ghosh attached to Howrah Police Station (D.W. 3). Thereafter, Hemabrata Bose (P.W.2) and Ganesh Jana (P.W.4) entered his house and took away ornaments and money from the almirah. They also went to the house of his landlord and took him away and falsely implicated him in the present case. Gopal Roy also claimed that he was also in the house of Prasun Chakraborty on the fateful night and had been similarly taken away from and falsely implicated. In support of their defence, they examined four witnesses including Shyamal Kumar Ghosh, the then Inspector-in-Charge, Shibpur Police Station (D.W. 3) and exhibited general diary entries recorded at the local police station.