MD. HABIBUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated February 18, 2021 and the order of sentence dated February 19, 2021 passed by the learned Additional Sessions Judge cum Judge Special Court, NDPS Act, Berhampore, Murshidabad in N.D.P.S. Case No. 387 of 2017 convicting the appellant under Sec. 18 (b) of the Narcotics Drugs and Psychotic Substances Act, 1985 and sentencing the appellant to 15 years simple imprisonment and a fine of Rs.2.00 lakhs, in default to suffer simple imprisonment for six months.

(2.) The prosecution had brought three persons including the appellant to trial on the charges under Ss. 18 (b), 21 (c), and 29 of the NDPS Act, 1985. According to the prosecution, the police had received credible information that smugglers were delivering narcotic goods to their agent. After receipt of such information, a raid had been conducted. They had apprehended the appellant and recovered heroin of 500 grams from him. The appellant had made a leading statement facilitating seizure of crude opium of 31.5 kg and cancelled currency notes. After completion of investigations, the police had submitted charge sheet on April 23, 2018 against the appellant and two others. Those two other accused had subsequently participated at the trial.

(3.) The learned Court had framed charges on October 6, 2018 under Sec. 21 (c) of the Act of 1985 against the appellant which was subsequently altered to Sec. 18 (b) of the Act of 1985 on February 17, 2021. The two other accused had been charged under Sec. 29 of the Act of 1985 on October 6, 2018.