A. K. CHATTERJEE, J.

( 1 ) THE appellant has been convicted by a learned Judge of City Sessions Court, Calcutta under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/- in default to suffer simple imprisonment for three months for having a unauthorised possession of 100 gms of heroin in the circumstances as under.

( 2 ) PURSUANT to a certain information, a team of Intelligence Officers of the Narcotic Control Bureau, Eastern Zonal Unit (Bureau for short) led by Sri Amitava Chatterjee, P. W. 2 mounted surveillance at the crossing of Park Street and Free School Street in Calcutta on the 26th August, 1989 at about 4 p. m. About an hour thereafter, the appellant, on being pointed out by the source accompanying the team, was intercepted. He had in his hand a packet wrapped in a newspaper which on being opened at the time of preliminary search after observing legal formalities was found to contain a polythene packet having some white powder in it, believed to be heroin. As a crowd gathered after interception of the appellant, he an

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