LITON MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dtd. 17/6/2016 and 18/6/2016 passed by the learned Additional Sessions Judge, 6th Court, Barasat, North 24-Parganas in NDPS Case No. N- 136/2014 (1040 of 2014) convicting the appellant for commission of offence punishable under Sec. 20(b)(ii)(c) of the NDPS Act and sentencing him to suffer rigorous imprisonment for twelve years and to pay a fine of Rs.1,00,000.00, in default, to suffer simple imprisonment for one year more.

(2.) The prosecution case as alleged against the appellant is to the effect that on 23/8/2014 at about 21:15 hrs. the appellant was intercepted by a group of police officers attached to Duttapukur Police Station under the leadership of SI Debnath Chakraborty (PW5) on the suspicion that he was carrying narcotic substance in a bag. Matter was intimated to IC, Duttapukur who came to the spot. Thereafter, IC, Duttapukur offered the appellant to search the members of the raiding party. Upon search a nil seizure list was prepared. Then IC, Duttapukur gave offer whether the accused was willing to be searched by a Gazetted Officer present at the spot or a Magistrate. The appellant expressed willingness to be searched in presence of IC, Duttapukur. Thereupon body of the appellant was searched and from a jute gunny bag 22.8 kgs. of Ganja was recovered. Samples were prepared from the seized consignment which were sealed and labelled. PW5 arrested the appellant and along with the articles produced him before the police station. He also lodged written complaint at the police station resulting in registration of Duttapukur Police Station Case No.656 dtd. 24/8/2014.

(3.) Charge was framed under Sec. 20(b)(ii)(c) of the NDPS Act. Appellant pleaded not guilty and claimed to be tried. In course of trial, prosecution examined 8 witnesses. However, Gazetted Officer namely, IC, Duttapukur was not examined. In conclusion of trial, the learned trial Judge by the judgment and order dtd. 17/6/2016 and 18/6/2016 convicted and sentenced the appellant, as aforesaid.