JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against judgment and order dated 17.06.2016 and 18.06.2016 passed by the learned Additional Sessions Judge, 6th Court, Barasat, North 24-Parganas in NDPS Case No. N- 136/2014 (1040 of 2014) convicting the appellant for commission of offence punishable under Section 20(b)(ii)(c) of the NDPS Act and sentencing him to suffer rigorous imprisonment for twelve years and to pay a fine of Rs. 1,00,000/-, in default, to suffer simple imprisonment for one year more.

2. The prosecution case as alleged against the appellant is to the effect that on 23.08.2014 at about 21:15 hrs. the appellant was intercepted by a group of police officers attached to Duttapukur Police Station under the leadership of SI Debnath Chakraborty (PW5) on the suspicion that he was carrying narcotic substance in a bag. Matter was intimated to IC, Duttapukur who came to the spot. Thereafter, IC, Duttapukur offered the appellant to search the members of the raiding party. Upon search a nil seizure list was prepared. Then IC, Duttapukur gave offer whether the accused was willing to be searched by a Gazetted Officer present at the spot or a Magistrate. The appellant expres