SEKHAR SUMAN VERMA versus THE SUPERINTENDENT OF N.C.B. & ANR.

Citation: [2016] 4 S.C.R. 809 · Decided: 29-06-2016 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Dismissed
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Judgment (excerpt)

[2016] 4 S.C.R. 809 
SEKHAR SUMAN VERMA 
v. 
THE SUPERINTENDENT OF N.C.B. & ANR. 
(Criminal Appeal No. 317 of2006) 
JUNE 29, 2016 
[ABHAY MANOHAR SAPRE AND ASHOK BHUSHAN, JJ.) 
Narcotic Drugs and Psychotropic Substances Act, 1985 - ss. 
21, 42 and 50 - Conviction u/s. 21 by courts below - Plea that the 
conviction not legally sustainable for non-compliance of the 
provisions u/ss. 42 and 50 - Held: The raiding party who conducted 
search and seizure from the accused consisted of gazetted officer -
Also the accused was given option of being searched by the Gazetted 
Officer - Thus, there was no necessity to ensure compliance of s.42 
and raiding party followed the procedure to ensure compliane of 
s.50 - Courts below rightly convicted the accused - Appeal of the 
accused liable to be dismissed. 
State of Haryana v. Jarnail Singh & Ors. (2004) SAR 
(Criminal) 535 - relied on. 
Prabha Shankar Dubey v. State of MP. 2003 (6) Suppl. 
SCR 444 : (2003) 8 Supreme 565 : (2004) 2 SCC 56 -
referred to. 
Case Law Reference 
(2004) SAR (Criminal) 535 
2003 (6) Suppl. SCR 444 
relied on 
referred to 
Para 18 
Para 18 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
317 of2006. 
From the Judgment and Order dated 31.08.2004 in CRA No. 269 
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of 2003 passed by the High Court at Calcutta. 
Aniruddha P. Mayee, Adv.(A.C.) for the Appellant. 
Anukul Chandra Pradhan, Sr. Adv., P.K. Dey, Ms. Rekha Pandey, 
R. S. Pandey, Ajay Kumar Singlr, Ms. Anil Katiyar, Manish Vashishtha, 
Ms. Sushma Suri, Advs. for the Respondents. 
The Judgment of the Court was delivered by 
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SUPREME COURT REPORTS 
[2016] 4 S.C.R. 
ABHAY MANOHAR SAPRE, J. I. This appeal is filed against 
the final judgment and order dated 31.08.2004 passed by the High Court 
of Calcutta in C.R.A. No. 269 of 2003 whereby the Division Bench of 
the High Court dismissed the appeal filed by the appellant herein and 
affirmed the orders dated 11.04.2002 and 12.04.2002 of the Special 
Judge, N.D.P.S. Act and Vlth Bench, City Sessions Court at Calcutta 
in N.D.P.S. Case No. 11 of 1998 convicting the appellant herein under 
Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 
1985 (hereinafter referred to as "the NDPS Act") and sentencing him 
to suffer rigorous imprisonment for ten years and to pay a fine of 
Rs.1,00,000/-, in default, to suffer further rigorous imprisonment for one 
year. 
2. The case of the prosecution is as under: 
Acting on an information received on 21.05.1998, a batch ofofficers 
ofN.C.B., EZU, Calcutta led by a Gazetted Officer proceeded for New 
Sarat Lodge at 77 /lA, Acharya Prafulla Chandra Road, Calcutta. After 
reaching there, the N.C.B. officers searched the room of the appellant 
herein who was staying in Room No. I ofNew Sarat Lodge. The officers 
asked the appellant in writing as to whether he wanted to be searched in 
the presence of a Gazetted officer or a Magistrate and informed the 
appellant that one Gazetted officer was already with them and if he so 
desired, he might be searched by the said Gazetted officer as well. 
3. After search being done by the raiding party, a polythene packet 
containing brown coloured powder weighed 250 grams of heroin was 
recovered from the left side pocket of his wearing trouser. Thereafter, 
the appellant was arrested on the same day at 22.30 hrs. 
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4. As a follow up action of the said recovery, one Anjan De was 
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arrested from the Bidhan Nagar Railway Station at Calcutta by the said 
N.C.B. officers possessing 245 grams of heroin on 22.05.1998. 
5. During the trial, the prosecution examined eight witnesses and 
the defence examined nine witnesses. 
6. The learned Judge Vlth Bench, City Sessions Court acting as 
the Judge, Special Court under the N.D.P.S. Act by his judgment and 
orders dated 11.04.2002 and 12.04.2002 found the appellant guilty of the 
offence punishable under Section 21 of the NDPS Act, convicted him 
thereunder and sentenced him to suffer rigorous impriso~nment for ten 
SEKHAR SUMAN VERMA v. THE SUPERINTENDENT OF 
N.C.B. & ANR. [ABHAY MANOHAR SAPRE, J.] 
years and to pay a fine of Rs.1,00,000/-, in default to suffer further 
rigorous imprisonment for one year. However, the appellant was acquitted 
of the offence charged under Section 29 of the NDPS Act. So far as 
another accused- Anjan De was concerned, he was not found guilty of 
both the offences under Sections 29 and 21 of the NDPS Act and was 
accordingly acquitted th
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