BINOY KRISHNA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order of conviction and sentence passed by the Learned Judge, Special Court, N.D.P.S Act, Nadia at Krishnanagar on 05-12-2014 whereby the learned trial Court convicted the appellants for commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and sentenced them to suffer rigorous imprisonment for a term of 10(ten) years and to pay fine of Rs. 1,00,000/- each, in default to suffer further rigorous imprisonment for one year.

(2.) Complaint was lodged before the Police Station by A.S.I Shyam Sundar Ghosh on the basis of which Karimpur P.S. Case No. 84 of 2013, dated 06- 06-2013 u/s 20(b)(C) of the N.D.P.S. Act, 1985 was registered. After conclusion of investigation, charge sheet was submitted against the appellants u/s 20(b)(C) of the N.D.P.S. Act. Charge was framed against the appellants u/s 20(c) of the N.D.P.S. Act. Substance of accusation was read over and explained to the appellants to which they pleaded not guilty and claimed to be tried. Accordingly, the prosecution examined 8 witnesses in support of its case and documents and seized articles were marked as Exhibits. 1 to 9 and Material exhibits I to XII/6 respectively. The defence case, as it appears from the trend of cross examination as well as statement u/s 313 of the Cr.P.C., is a denial of the prosecution case and a plea of innocence.

(3.) Upon consideration of the entire evidence on record, the learned trial Court convicted the appellants for offence U/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and sentenced them as aforesaid. Being aggrieved by and dissatisfied with the said judgment and order of conviction and sentence, the appellants have come up before this Court in appeal.