BHAIROW PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) What could have been an unimpeachable order in the light of an otherwise impregnable prosecution case, has become susceptible to the scanner of section 386 (b)(i) of the Code of Criminal Procedure for the following reasons :

(2.) In an otherwise picture perfect State of the Art Prosecution case neatly presented before the learned Trial Court, the system failure, which occasioned, needs to be corrected or else, there would be aberration of justice.

(3.) He located the appellant in the lower berth of the said compartment, who corresponds to the description of the source. After disclosing his identity, he desired to search the suitcase but the appellant being reluctant, he was taken off from the train and brought to the Government Railway Police Station Office with his luggage consisting of a bag and an attache case. Later on, he requisitioned the services of a Magistrate. Pursuant thereof, Shri J.C. Dutta Roy (since deceased), was deputed by Sub-Divisional Officer, Alipurduar for this purpose. In the presence of the Magistrate the bag and attache case was opened. The articles were sent on weighment to the Parcel Office. P.W.7, Gopal Prosad, a parcel labour had weighed it as 31.5 Kgs. The same was seized and samples were drawn therefrom on the strength of a seizure list (Ext. 1/2) including Rs. 7,000/- in cash. The seized sample and the stock of ganja was marked as Mat. Exts. II and III. P.W.4, Rinchen Lama Bhutia, the Officer-in-Charge, G.R.P.S. therefore, lodged a written complaint (Ext.4) which was treated as FIR (Ext.5).