JUDGMENT :

Md. Shabbar Rashidi, J.

1. The appeal is in assailment of the judgment of conviction dated February 24, 2020 and order of sentence dated February 27, 2020 passed by 12th Additional Sessions Judge cum Special Court under Narcotic Drugs and Psychotropic Substances Act in connection with Sessions Trial No. 03 (08) of 2017 arising out of Sessions Case No. 08 (05) of 2017.

2. By the impugned judgment, the appellant was convicted for the offence punishable under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act. By the impugned order of sentence, the appellant was sentenced to undergo 14 years of rigorous imprisonment and to pay a fine of Rs. 150,000 and in default to undergo further rigorous imprisonment for another one year.

3. The fact that gives rise to the instant case in a nutshell is that the de-facto complainant received a source information on February 20, 2017 at about 14.00 hrs to the effect that one male peddler will supply/sell charas in Watgunge police station area. The information was reduced into writing and was forwarded to the officer-in-charge, Narcotic Cell, D. D. Under due permission from the Assistant Commissioner, Narcotic Cell, D. D. a raiding team was formed and the raiding party proceeded to the spot under Watgunge police station area at about 15.00 hrs. for conducting raid along with the source, testing kit, packing materials, seals et cetra. They reached the spot i.e. D.H. Road in front of R/S Enterprise at about 15.30 hrs being led by the source. At about 16.00 hrs. the source pointed to a young male person coming from D. H. Road from South to North direction.

4. It is further case that the de-facto complainant detained the said person at Diamond Harbor Road in front of R.S. Enterprise, P.S. Watgunge, Kolkata 23 and disclosed their identity. The de-facto complainant requested from amongst the assembled crowd to be witness to the search and seizure to which two persons agreed. The detainee disclosed his name as the appellant.

5. The de-facto complainant informed the detainee of his legal rights to be searched in presence of a Magistrate or a Gazetted Officer, by serving written option to which the detainee agreed to be searched on the spot in presence of a Gazetted Officer and refused to go anywhere else. The de-facto complainant searched for a Gazetted Officer in the locality and having failed to find one, he informed his superior. At about 17.30 hrs, PW2 came to the spot in his official vehicle and uniform who was introduced to the detainee and the witnesses as a Gazetted Officer. PW2 served the second option in writing upon the detainee whereupon the detainee reiterated his choice to be searched in presence of a Gazetted Officer on the spot.

6. The detainee searched the person of the de-facto complainant and other members of the raiding team but nothing objectionable could be found. Thereafter, the de-facto complainant conducted search on the person of the detainee. A navy blue medium size bag was recovered from his right hand. The said bag was found to contain black polythene packet containing cannabis resin commonly known as ‘charas’. A cash of Rs. 30/-was also found. The recovered contraband was tested with the help of testing kit and has found to be positive for ‘charas’. Accordingly, the narcotic contraband and the cash was seized from the possession of the detainee under a seizure list dated February 20, 2017. Two samples of 50 grams each were collected from the mother packet. The samples along with mother packet and the polythene were packed, sealed and labeled and marked. The Gazetted Officer, the detainee and the witnesses put their respective signatures/left thumb impression on the seizure list and the labels. Thereafter, the de-facto complainant examined the witnesses and the Gazetted Officer and recorded their statements under Section 161 of the Code of Criminal Procedure.

7. On completion of the proceedings, the de-facto complainant lodged a written complaint