A. B. MUKHERJEE, J.

( 1 ) THE appeal arises out of judgement and order dated 21-12-93 passed by the Ld. Additional Sessions Judge, 3rd Court, Howrah in T. R. Case No. , 4 of 1993 whereby the Ld. Judge convicted the accused appellant under Section 20 (b) (i) of the 'narcotic Drugs and Psychotropic Substance Act, 1985 herein after referred to as the Act and sentenced him to suffer R. I. for three (3) years and to pay fine of Rs. 5000/- in default to suffer further R. I. for two (2) months.

( 2 ) THE Prosecution Case in short is that on 11-1-1993 O. C. , E. I. B. , Howrah was on duty at Howrah Railway Station in its New Complex Building along with the Deputy Excise Collector, one A. S. I. and some Excise Constables. Around 1. 05 there was an announcement of the arrival of Down Coromondal Express to be placed at Platform No. 20. Accordingly the aforesaid Excise Personnel posted themselves towards the Engine side of the Platform in order to carry out their duty for prevention and checking of the offence under the Act. One of them namely Constable Bhuban Chandra Bera found the accused appellant going with a suitcase on his right hand and on suspicion he intercepted him. He called the O. C. and the latter along with the other Excise Personnel present also came there. The O. C. told the Constable to call a public witness and one Manick Chakraborty was brought. Thereafter the accused appellant was searched in the presence of the Deputy Excise Collector. The accused at the asking (of) the O. C. brought out a key ring and a Railway ticket from his pocket. The suitcase was opened with the help of the key found in that ring and some quantity of Ganja kept in a Plastic Cover was found inside. The Constable brought weighing scale from the earby Excise Office and on weighment the quantity of Ganja was found to be 5 K. G. The seizure list was prepared complying with all the formalities. The O. C. prepared two samples out of the seized Ganja and put labels on the same and also affixed his seal. One of the samples was sent for Chemical Analysis through his Superior Officer. The Railway ticket was also subsequently labelled and sealed. So also the suitcase, the key ring and personal cash received from the accused. The witnesses present as also the accused signed on all the labels, seizure list etc. A copy of the seizure list was also given to the accused. The accused and also the alamats were taken to the office of the O. C. and from there the accused was forwarded to the Court on the said afternoon. Subsequently, the result of Chemical Analysis was received from the Chemical Examiner through Deputy Commissioner of Excise (Prevention) and the seized article was confirmed to be Ganja. On receipt of the said report and after completion of necessary enquiry the O. C. submitted a Prosecution Report against the accused on 3-5-93 under Section 20 (b) (i) of the Act on which cognizance was taken by the Learned Judge.

( 3 ) DURING trial charge under the aforesaid Section was framed against the accused. He pleaded not guilty. It is also the defence case that the suitcase was unclaimed and it was falsely planted on him and that nothing was recovered from his possession.

( 4 ) THE Prosecution examined six (6) witnesses including the Chemical Examiner (P. W. 1), O. C. , Howrah (P. W. 2), the Deputy Excise Collector who at the relevant time was also holding the additional Charge of Howrah E. I. B. Check Post (P. W. 4), Excise Constable (P. W. 3) and also public witness to search and seizure list (P. W. 5 ). The other witness (P. W. 3) was simply tendered.

( 5 ) THE learned Judge on a scrutiny of the evidence on record concluded that the search and seizure list were made in accordance with law, that the accused appellant was found to be in possession of 5 kg. of Ganja without any permission or authority for such possession and accordingly he convicted and sentenced the accused in the manner as stated earlier.

( 6 ) BEING aggrieved, present appeal has bee

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