MD. ANIKUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 18/11/2019 and 19/11/2019 passed by learned Judge, Special Court under N.D.P.S. Act and Additional Sessions Judge, Berhampore, Murshidabad in NDPS case no 309 of 2016 arising out of Lalgola P.S Case No. 144 of 2016 dtd. 7/11/2016 convicting the appellant for commission of offence punishable under Ss. 21(C) of the N.D.P.S. Act and sentencing him to suffer rigorous imprisonment of 10 years and to pay a fine of Rs.1,00,000.00 in default, to suffer further rigorous imprisonment for six months more.

(2.) Prosecution case, as alleged against the appellant, is to the effect that on 7/11/2016 at 1.25 p.m., SI Rajat Subhra Hazra (PW9) while on RT-I mobile duty received source information that one person was coming from Raghunathganj side to Panditpur Farm More. He intimated the matter to the O.C Lalgola P.S and proceeded to Panditpur Form more to work out the information. He reached the spot at 1.45 pm. Soon thereafter, he saw the appellant alighting from a Toto. PW9 and his force detained the appellant. Appellant was communicated his right to be searched before a magistrate or before a Gazetted Officer. Appellant opted to be searched before a Gazetted Officer. Intimation was given to BDO Lalgola Block to come to the spot but BDO unavailable. Thereafter, CI, Lalbagh Circle was called to the spot. CI, Lalbagh Circle came to the spot and he disclosed his identity as Gazetted Officer to the appellant. Thereafter, appellant was searched in his presence. Upon search, one plastic packet containing 300 gms powder suspected to be heroin was recovered. Two samples of 5 gm. each were drawn from the packet. They were sealed and labelled in presence of Gazetted Officer and the independent witnesses. Seizure list was prepared. Thereafter, appellant along with the seized consignment and samples were brought to the police station. PW 9 lodged written complaint at the police station resulting in registration of Lalgola PS case no 444 of 2016 dtd. 7/11/2016 under sec. 21(c) of the NDPS Act. Samples were sent for chemical examination. Report of SDCRI, Kolkata (Ext 7) was collected and charge sheet was filed against the appellant.

(3.) In conclusion of trial, the trial Judge by the impugned judgment and order dtd. 18/11/2019 and 19/11/2019 convicted and sentenced the appellant, as aforesaid.