NAMITA VALLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the convict appellant under Sec. 374 (2) of the Code of Criminal Procedure, 1973, assailing judgment and order of conviction dtd. 15/9/2003 and sentence dtd. 16/9/2003 passed by learned Judge Special Court under NDPS Act Birbhum, Suri, in connection with CCase no. 10 of 1996 whereby the appellant was convicted for the offence punishable under Sec. 20(b) of the NDPS Act and sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.20,000.00 in default to suffer rigorous imprisonment for six months.

(2.) The impugned judgment has been assailed on the grounds that the conviction and sentence passed against the appellants is bad in law and due to failure on the part of the Learned Trial Court in appreciating the evidence in its true perspective. It is case of appellant that prosecution has failed to prove the charge against the appellant under Sec. 20(b) of the NDPS Act beyond reasonable doubt and that no independent witness has been examined on behalf of the prosecution and further more prosecution has not been able to establish that the mandatory provisions of Sec. 50 of the NDPS was compiled with at the time of alleged search of the female accused and seizure of the contraband substance.

(3.) Mr. Hossain, learned advocate argued on behalf of the appellant that prosecution has miserably failed to establish the charge but learned trial judge without considering the non-compliance of the mandatory provisions of the NDPS Act has convicted and sentenced the appellant which, is liable to be set aside.