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2020 Supreme(Cal) 184
IN THE HIGH COURT OF CALCUTTA
Sahidullah Munshi, Md Nizamuddin, JJ.
Md Arif - Appellant
Versus
Union Of India - Respondent
Criminal Appeal No. 728 of 2017
Decided On : 13-03-2020
Habibur Rahaman, Advocate, Md Abdur Rahaman, Advocate, Maidul Islam Kayal, Advocate, Kapil Guha, Advocate, Kaushik Dey, Advocate, Binoy Kumar Panda, Advocate, Subham Kanti Bhakat, Advocate
The possession of the contraband by the accused was established, shifting the burden of proof to the accused to prove otherwise.
Headnote:
The case involved the conviction of the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985, based on the recovery of 5 kg of 'Hashish' (Charas) from the possession of the appellant. The appellant raised several grounds against the order of conviction, including non-compliance of Section 50 of the NDPS Act, absence of examination of independent witnesses, and lack of corroborative value in the evidence adduced by the prosecution. The court analyzed each ground and held that the complainant had been in the Directorate since 2008, thus dismissing the appellant's claim of non-compliance. The court also found that the confessional statement made under Section 67 of the NDPS Act was admissible and not made under threat or coercion. Additionally, the court emphasized that the possession of the contraband by the accused was established, shifting the burden of proof to the accused to prove otherwise. The court dismissed the appellant's argument of non-compliance of Section 52A of the NDPS Act, stating that the disposal of seized narcotic drugs and psychotropic substances did not render any benefit to the appellant. Ultimately, the court confirmed the order of conviction and dismissed the appeal.
JUDGMENT
Sahidullah Munshi, J. - This appeal is against the judgment and order of conviction dated 17.07.2017 and 24.07.2017 passed by the learned Judge, Bench I City Sessions Court Calcutta in NDPS Case No.12/2011 convicting the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985, and sentencing the appellant Md. Arif (in jail), the appellant before us, to suffer rigorous imprisonment for eleven (11) years and pay fine of Rs.1,00,000/- (Rupees One Lakh) only, in default to suffer simple imprisonment for one year further.
2. Ndps Case No. 12/2011 arose from a complaint lodged by one Saikat Saha, Senior Intelligence Officer, Directorate of Revenue Intelligence, Kolkata Zonal Unit, Govt. of India, that acting on a specific intelligence that one person named Imran would be coming from Siliguri with a consignment of 'Hashish' (Charas) by a Sleeper coach Bus of Modern Travels and would hand over the same to one Arif, the appellant herein at Dharmatala Bus Terminus in Kolkata. Accordingly, a batch of Officers belonging to the Directorate rushed to the said Bus Terminus on 03.08.2011 and kept surveillance in and around the said place. When the Officers noticed one person getting down from a luxury bus of Modern Travels, at the said Terminus, along with one multi-coloured rucksack on his back. The Officers found that after getting down from the bus, the said person waiting in front of the ticket counter of Modern Travels and while they started talking each other the multi-coloured rucksack bag was handed over by aforesaid person, that is, Md. Imran to the appellant. Ultimately, on search the contraband drug was recovered weighed 5 kg. from the possession of the appellant. Samples were taken in presence of two independent witnesses as also the accused persons. The Officer of the Directorate seized that recovered Alamat like multi-colorued rucksack, 10 polythene packets and the brown-coloured adhesive tapes, two bus tickets of the Modern Travels, two old mobile Handsets. On preparation of seizure list one copy of the said seizure list, that is, Panchnama and inventory was handed over to the accused persons in presence of witnesses. Thereafter, notice under Section 67 of the NDPS Act was served and in response thereof accused rendered his voluntary statement before the Directorate on 3rd August, 2011, wherein the said Md. Imran admitted, inter alia, that he had come to Kolkata from Siliguri along with 5 Kg. 'Hashish' for delivering the same to Md. Arif, that is, accused No.2 at Dharmatala Bus Stand. Similarly, accused no.2/appellant also rendered his voluntary statement on 03.08.2011 that he used to receive 'Hashish' (Charas) and after receiving the same from Imran he used to deliver it against monetary consideration, to different persons at Kidderpore, for onward transmission to Hong Kong and other places. Those two persons were arrested under Section 43 of the NDPS Act on the same day, that is, 03.08.2011.
3. Those seized articles were sent to Chemical laboratory, Custom House, Kolkata and after chemical examination Custom House confirmed that the samples are the "resinous extract of plant Cannabis Sativa (Charas)". By lodging the written complaint complainant prayed for appropriate action against the accused persons and to forward to court on 04.08.2011. Accordingly, the said NDPS case was started under Section 20(b)(ii)(C) of the NDPS Act.
4. Record reveals that after taking cognizance of the offence by the Court concerned copy of necessary documents were supplied to the accused. On considering the materials on record as also the case docket, charge was framed against both the accused persons under Section 20(b)(ii) of the NDPS Act. On the charge being read over and explained to the accused persons they pleaded not guilty and claimed to be tried. Defence has pleaded that the accused/appellant has been falsely implicated in the case.
5. From the order of conviction in NDPS Case No. 12/2011 on
