SHRI GOUTAM DUTTA, SON OF LATE SUBODH DUTTA, RESIDENT OF VILLAGE NARAYANPUR, P.S. AIRPORT, DISTRICT Vs. THE STATE OF TRIPURA, (NOTICE TO BE SERVED THROUGH THE PUBLIC PROSECUTOR OF THE HIGH COURT OF TRIPURA)

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order of conviction and sentence dated 02.12.2015 passed by the learned Special Judge, Court No.1, Agartala, West Tripura in case No.Special(NDPS) 15 of 2013, where under the learned Special Judge found the accused appellant, Goutam Dutta guilty of committing offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985(for short NDPS Act) and sentenced him to suffer R.I. for ten years and to pay a fine of Rs.1,00,000.00(rupees one lakh), in default of payment, to suffer R.I. for further four months.

(2.) Heard learned senior counsel, Mr. P.K. Biswas, assisted by learned counsel, Mr. P. Majumder for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) Prosecution case, in short, is that on 23.11.2013 at about 1100 hrs., S.I. Debabrata Biswas of Bishalgarh Police Station(PW1) received an information over telephone from Inspector Navin Choudhury of G Branch, B.S.F., Gakulnagar(PW8) that one Maruti OMNI vehicle, bearing No.TR-01-AA-0553 loaded with huge quantity of ganja(cannabis) was moving from Melaghar side towards Agartala. He entered the information in Bishalgarh P.S. G.D.E.No.1078 dated 23.11.2013 and informed the Sub- Divisional Police Officer(SDPO, for short), Bishalgarh verbally over telephone and thereafter S.I. Debabrata Biswas along with Ms. Sarmistha Chakraborty, SDPO, Bishalgarh(PW2) and Inspector Navin Choudhury of BSF with other security personnel went to the approach road near Rabindra Nath Tagore College at Gakulnagar on national highway and kept on waiting there. At about 1240 hrs., they found one Maruti OMNI vehicle, bearing No.TR-01-AA-0553 approaching towards Agartala with abnormal high speed and they gave signal to stop the vehicle but the vehicle tried to escape and dashed to the roadside wall and it was captured by S.I. Debabrata Biswas, SDPO, Bishalgarh and Inspector, Navin Choudhury and other security staffs. In the meantime, local people also gathered there. There were two persons in the vehicle. Out of them one Goutam Dutta was the driver of the vehicle and another person Tapas Saha(owner of the vehicle) was also in the vehicle and they disclosed their names and identities. On search of the vehicle 9(nine) plastic bags of dry ganja was recovered which was weighted and found to be 95 kg. in total and thereafter S.I. Debabrata Biswas seized the same by preparing a seizure list in presence of PWs 2 and 8 and other witnesses and arrested accused Goutam Dutta and Tapas Saha and thereafter proceeded to the P.S. S.I. Debabrata Biswas lodged suo motu FIR before O/C, Bishalgarh P.S. and accordingly Bishalgarh P.S. case No.245 of 2013 under Sec. 20(b)(ii)(C) of NDPS Act was registered against arrested accused Goutam Dutta and Tapas Saha and investigation was entrusted to S.I. Prasanta Kr. Dey. During investigation samples were collected from the seized ganja, inventory was prepared in presence of the Magistrate and the samples were sent to the State Forensic Science Laboratory for scientific examination and report and the report was collected. Material witnesses were examined and thereafter charge sheet was filed against both the accused.