PALASH SARKAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment dated 31.3.2000 passed in Session Case No. 9 of 1996 whereby and whereunder the appellant herein was found guilty of commission of an offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to for the sake of brevity as NDPS Act) and sentenced him to undergo six months rigorous imprisonment and a fine of Rs. 5,000/-.

(2.) The prosecution case is that a raid was conducted in the house of the appellant herein on 15.3.1996 by the Station House Officer, Aberdeen Police Station Port Blair purportedly on the basis of an information received by him at 1330 hours on that date to the effect that he had been dealing unauthorisedly in some contraband articles like ganja without having any license or permit therefor. At the time of raid, the Station House Officer was accompanied by a Head Constable and two Constables. A search warrant was also obtained from the learned Chief Judicial Magistrate, Port Blair which was procured by Shri Dwivedi Tehsildar-cum-Executive Magistrate. The raiding party was accompanied by one purported independent witness Shiv Prasad. During the search allegedly a bag marked as 'Konica' being of light and dark blue colour was noticed, wherein two plastic packets and one paper packet containing 25 grams of ganja were found. The recovered ganja was sent for chemical examination. Upon consideration of the materials collected during investigation a charge-sheet was filed, pursuant whereto Appellant was put on trial.

(3.) Before the learned Trial Judge, six witnesses were examined on behalf of the prosecution and one witness was examined on behalf of the Appellant.