RAJENDRA KUMAR MOHTA Vs. ABHIJIT DAS GUPTA

JUDGEMENT

(1.) By this application under Section 482, Cr. P. C., petitioner has prayed for quashing complaint being NDPS Case No. 7 of 1999 pending before the learned Special Judge, 6th Bench (NDPS Act), Calcutta.

(2.) Case in short is that Respondent No. 1 being the Senior Intelligence Officer, Directorate of Revenue Intelligence, Calcutta Zonal Unit lodged a complaint in the Court of the learned Special Judge, 6th Bench, City Sessions Court, Calcutta under Section 21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 alleging, inter alia, that acting upon an intelligence that some stamps of the office of the Director General of Foreign Trade, Commissioner of Customs and other Government offices and documents relating to illegal importation and clearance of Copper Cathode and other goods under Duty Exemption Entitlement Certificate Scheme were secretly kept in the office room of the petitioner at Room No. 354, Marshall House, 3rd Floor, 25, Strand Road and 33/1 Netaji Subhas Road, Calcutta-1, raided and searched the said office premises after obtaining search authorisation issued by the Assistant Director of the Directorate, Revenue Intelligence, Calcutta. Aforesaid raid and search commenced at 1.35 p.m. on 18-2-99 and it was conducted at 10 p.m. on the same day. During such search operation petitioners, one Bijendra Kedia apart from others were personally present. Search yielded recovery and seizure of some documents not connected with any offence under the N.D.P.S. Act. However, in the midst of search complainant received further information that some narcotic drug was secretly kept "in the narrow space between writing table, side table, wooden cum glass partition and the sliding door" of the said office premises. On receipt of such information complainant on further search could recover "one polypack containing one brown coloured paper packet with two small polypacks containing brown coloured powder weighing 100 gms (approx) believed to be narcotic drug. . . . . . . . ." On the brown colour paper followings were written :-

(3.) It has further been alleged in the said complaint that aforesaid papers/documents and the aforesaid polypack suspected to contain narcotic drug were seized under a seizure list in presence of the petitioner and other witnesses. Statements of the petitioner and others were recorded under Section 67 of the Act. Petitioner and others who were found present in the said office premises at the time of search and seizure disowned ownership of the said polypack suspected to contain narcotic drug. However, all of them admitted in their respective statements recorded u/S. 67 of Act that the polypack was in fact found in the office premises. It further appears that complainant drew samples of the said substance in triplicate each weighing about 5 gms. and the same were sealed in 3 packets over the signature of the petitioner and independent witnesses. After drawing samples, as aforesaid, rest of the substance suspected to be narcotic drug was sealed in a separate packet over the signature of the petitioner and independent witnesses. Said samples were sent to the Chemical Examiner, Customs House, Calcutta on 9-3-99 for chemical analysis and report. Chemical ex-Eminer upon examination held on 31-3-99 opined in his report that all the said samples responded to the test of Heroin (Diacetyl Morphin).