Compliance with procedural requirements, trustworthiness of official witnesses, and the sufficiency of evidence are crucial in establishing guilt under the N.D.P.S. Act.

JUDGMENT

Joymalya Bagchi, J. - Appeal is directed against judgment and order dated 25.04.2014 and 28.04.2014 passed by the learned Additional Sessions Judge and Special Court under N.D.P.S. Act, 6th Court at Barasat, North 24-Parganas in Case No. N-179 of 2006 convicting the appellant under Sections 18(b), 18(b) and 15(c) of the N.D.P.S. Act and sentencing him to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default, to suffer rigorous imprisonment for two years for the offence punishable under Section 18(b) of the N.D.P.S. Act in respect of recovery of 3.950 kgs. of opium at Barrackpore Railway Station Platform and to suffer fourteen years of rigorous imprisonment and to pay a fine of Rs. 1,50,000/-, in default, to suffer rigorous imprisonment for three years for the offence punishable under Section 18(b) of the N.D.P.S. Act with regard to recovery of 21.500 kgs. of opium from the kitchen of the residential house of the appellant at Kulgachi, Tehatta and to suffer rigorous imprisonment for fourteen years and to pay a fine of Rs. 1,50,000/-, in default, to suffer rigorous imprisonment for three years for the offence punishable under Section 15(c) of the N.D.P.S. Act with regard to recovery of 550 kgs. of poppy husk/straw in the granary attached to the residential house of the appellant, as aforesaid.

2. Appellant was called upon to answer the following charges:-

'Firstly, that you on 23rd day of August, 2006 at about 15.15hours at Barrackpore Railway Station Platform No. 1, had in your possession 3.950kgs. of Opium in a Nylon Side-bag which was hanging on your right shoulder and on being intercepted by the NCB Officers, on demand, since you failed to produce any valid document for possessing, keeping and transporting the contraband interstate, you violated the provisions of Sec. 8 of the NDPS Act and thereby committed an offence punishable under Section 18(b) of the NDPS Act, and within the cognizance of this Sessions Court.

Secondly, that on 23rd day of August, 2006 at about 22.40 hours in course of follow-up action on the basis of your disclosure, after the said first recovery, a quantum of 21.500 kgs. of Opium could be further recovered from your possession as those were kept in a plastic container at your kitchen in your house at Kulgachi, Tehatta, Nadia, for which you also could not produce any valid document for possessing, keeping and transporting interstate of those quantum opium for which the same was seized by the NCB Officers and thereby committed an offence punishable under Section 18(b) of the N.D.P.S. Act, and within the cognizance of this Sessions Court.

Thirdly that on the aforesaid date, time and place you had in your possession 550 kgs. of Poppy husk or Poppy Straw in your granary which was recovered by the NCB Officers as per your indication and after recovery on demand by the NCB Officers you failed to produce any valid document in support of your such possession of those quantum of Poppy Husk or Poppy Straw for which those Poppy Husk/Straw were also seized by the NCB Officers and for that you violated the provision of Sec. 8 of the NDPS Act and thereby committed an offence punishable under Section 15(c) of the NDPS Act, within the cognizance of this Sessions Court.'

3. P.Ws. 3 to 7 are members of the raiding party. They were intelligence officers who were attached to NCB EZU, Kolkata. On 23.08.2006 a specific information was received at 13:30 hours which was recorded in writing and communicated to the superior officer. Upon endorsement by the superior, movement order was issued and on the strength of the movement order the officers left in two vehicles to the Barrackpore Railway Station to work out the information. The team reached the railway station at 15:15 hours. As per information, a person was apprehended at the ticket counter adjacent to platform No. 1 of the railway station. Officers disclosed their identity as NCB Officers. The suspect was carrying a bag