A.K. BHATTACHARYA, J.

(1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Judge, Special Court, under the N.D.P.S. Act, Howrah in T.R. No. 32/2002 on 23.12.2003.

(2.) Shortly put. and shorn of details, the Prosecution case is that, acting on a specific information which reduced in writing and being instructed by the superior officers, on 01.07.2002 at about 16.30 hrs. a batch of officers and staff of N.C.B., E.Z.U., Calcutta intercepted one person by name Md. Sarif at Sitalatala bus-stoppage on Sharkiral Road, Howrah and on informing that they had specific information about his carrying heroin, the officers expressed their intention to search him, that he has a right to be searched before a Magistrate or Gazetted Officer and that if he so desired, he may be searched before the departmental Gazetted Officer, to which he expressed his willinaness in writing to be searched before a Gazetted Officer of the department. On being contacted over phone, the Assistant Director of N.C.B. (PW7), EZU, Kolkata arrived there at about 18.15 hrs. Two independent witnesses from the spectators were called. The intercepted per