PRABHAS SARKAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by Mr. M.M. Sarkar, learned Sessions Judge, Andaman & Nicobar islands, Port Blair, on 26th February, 2002 in Sessions Case No. 1 of 2001 (Sessions Trial No. 17th of December, 2001), whereby he has been pleased to pass an order of conviction upon the appellant, Shri Prabhas Sarkar, sentencing him to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 5000/-, in default, to suffer rigorous imprisonment for a further period of three months under section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ?NDPS Act)).

(2.) The short facts leading to the prosecution of the convict/appellant are as under:- On 5.1.1997 ASI R.A. Prasad was placed in charge of the Hut Bay P.S. in the temporary absence of the Station House Officer of Hut Bay P.S. in Little Andaman. On that dated, being accompanied by HC 1172 D.N. Singh, HC 1166 C.D.P. Yadav, PC 1661 Hardeep Singh and PC 1693 K.C. Paul, he left the P.S. for patrolling duty, and in course of such patrolling duty having reached Ramkrishnapur, he got a secret information from source that one Shri Prabhas Sarkar was selling Ganja in puria or small packets from his shop at Ramkrishnapur, and on receipt of the said information, the said Police Officer reached the shop of Shri Prabhas Sarkar and posted police guards both in the front side and back side of the said shop. The said Police Officer sent PC 1661 Hardeep Singh to bring the Executive Magistrate of Hut Bay Tehsil, and subsequently, at 13-15 hours the Executive Magistrate, Shri B.B. Mitra, arrived at the place of occurrence. In the presence of the said Executive Magistrate and one Shri Motilal Sarkar, Sarpunch of Ramkrishnapur Gram Panchayat, the ASI R.A. Prasad conducted search in the double storied building of Prabhas Sarkar, firstly in the ground floor and subsequently in the first floor where Shri Prabhas Sarkar has his living accommodation.

(3.) In course of the said search in the first floor room, Ganja was recovered being mixed Bhang in small paper packets or purias and also inside a cotton pillow cover with plastic packets or pannis. Subsequently, the entire recovered Ganja was weighed and found to contain 4.5 kgs. and from the aforesaid seized article, 100 grams of Ganja was separated as a sample and the same was put in a separate packet, and rest packets and purias were put in a big plastic bag, and all those articles were duly sealed after formal seizure of the said recovered articles by preparing the seizure list in presence of the said Executive Magistrate, Shri B.B. Mitra, Sarpunch, Shri Motilal Sarkar and the accused person himself, and as on demand, the accused Prabhas Sarkar failed to produce any authority of licence for his possession of Ganja.