KHOKAN SHIL Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal under Section 374(2) of the Cr.P.C. by the convict, hereafter referred to as the appellant, questioning the judgment of conviction dated 16.08.2013 delivered in case No. Special 17 of 2012 by the Special Judge, West Tripura, Agartala, No. 5. By the said judgment, the appellant has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the NDPS Act. As consequence of that conviction, the appellant has been sentenced to suffer rigorous imprisonment for a period of 10(ten) years for committing the offence punishable under Section 20(b)(ii)(C) of the NDPS Act along with fine of Rs. 1,00,000/ -, in default of payment of fine, to suffer further rigorous imprisonment for 2(two) years.

(2.) THE genesis of the prosecution is rooted in the written ejahar filed by one Nanigopal Biswas, Deputy Superintendent of Police (Enforcement Branch) on 07.05.2012 disclosing that he had received a secret information in respect of storing warehousing of huge quantity of dry Ganja (cannabis) illegally in the house of one Khokan Shil, the appellant herein, at Rajatilla, Kamalasagar under Bishalgar police station. Accordingly, he brought the matter to the notice of Superintendent of Police (Enforcement Branch) for his appropriate order. As per the direction of the S.P., Enforcement Branch, the informant along with some officers and staffs from Enforcement Branch first reported to the Kamalasagar outpost and entered the fact in the General Diary vide KMP OP GDE No. 129 dated 07.05.2012. Thereafter, they proceeded towards Rajatilla along with one Sub -Inspector of police of that outpost namely, Jiban Sen Roy. The house of the appellant as per the said ejahar was shown by the secret source. Thereafter, they cordoned the house of the appellant and conducted search in presence of two independent witnesses. During the search, they recovered 37 Kgs. of Ganja containing in two numbers of plastic drums and two numbers of plastic bags which were concealed in the dwelling hut of the appellant. At the time of search, the appellant was found absent from his house. The search continued from 12.05 hours to 12.40 hours. It has been further alleged in the written ejahar that from the local inquiry, it was revealed that the appellant was involved in storing of dry Ganja in his dwelling house illegally and violating the provisions of Section 8 of the NDPS Act. It has been stated further that the informant seized the dry Ganja in presence of the witnesses after preparing the seizure list, sealed the same by gala (the sealing wax) at spot and took in the custody of the Enforcement Branch.

(3.) IN order to substantiate the charge, the prosecution adduced as many as 7(seven) witnesses including the informant, Nani Gopal Biswas (PW -6) and Sri Sanjit Sen, the Investigating Officer (PW -7). In addition to the oral evidence, the prosecution also introduced as many as 17(five) documentary evidence (Exbts. 1 to 17) including the seizure list, GD extract and the report of the Forensic Science Laboratory. Thereafter, the appellant was examined under Section 313of the Cr.P.C. for having his response to the incriminating materials surfaced in the evidence. The appellant denied those materials and repeated his plea of innocence. Thereafter, by the impugned judgment, the appellant has been convicted for warehousing of dry Ganja in violation of the provisions of Section 8 of the NDPS Act which is punishable under Section 20(b)(ii)(C) of the NDPS Act.