JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. The present appeal, by special leave, is directed against a judgment dated 19 February 2016 of a Division Bench of the Calcutta High Court. The High Court upheld the conviction of the appellant by the Additional Sessions Judge (“ASJ”) and Special Court under the Narcotic Drugs and Psychotropic Substances Act 1985 (“the Act”). On 15 February 2014, the ASJ had convicted the appellant of an offence punishable under Section 20(b)(ii)(C) of the Act. The appellant was sentenced to 14 years of rigorous imprisonment and directed to pay a fine of Rs. 1,40,000.

2. The facts of the case are as follows. On 15 November 2011, Sub-Inspector Prasanta Kr. Das, Narcotics Cell, DD (PW-2) received information that a drug dealer would be in the vicinity of Tiljala Falguni Club, 138B/1, Picnic Garden Road, near Tiljala Police Station to supply narcotic drugs in the afternoon. PW-2 sought permission from the Assistant Commissioner of Police, Anti-Narcotics Department, DD to organize a raid (Exhibit-2). Permission was granted by the superior officer on the same day and a raiding team consisting of PW-2 and others reached the spot at about 12.50 pm. At around 1.40 p