AMIT DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have assailed the judgement of conviction dated August 24, 2021 and the order of sentence dated August 26, 2021 passed by the learned Additional District and Sessions Judge, 12 Court, Judge, Special Court under NDPS Act in Sessions Trial No. 09 (04) 2019 arising out of Sessions Case No. 04 (12) 2018 convicting the appellants under sec. 21 (c)/29 of the Narcotics and Psychotic Substances Act, 1985.

(2.) According to the prosecution, the appellants had been found in front of a shop under the name and style of Laksmi Store at CZ-24, Metropolitan, under Pragati Maidan police station at the intervening hours of July 16, 2018 and July 17, 2018 in between 22:20 hours to 00:30 hours carrying and possessing heroin of about 255 grams in aggregate without any valid license or document in violation of the Act of 1985 with the common intention and in a criminal conspiracy with each other, thereby committing an offence punishable under Sec. 21 (c)/29 of the Act of 1985.

(3.) Learned senior advocate appearing for the appellants has contended that, the prosecution had failed to establish the case beyond reasonable doubt. The prosecution has not been able to establish the place of occurrence. He has drawn the attention of the Court to the evidence led by the prosecution at the trial. According to him, the prosecution has not been able to point out the exact location of the place of occurrence. The prosecution did not produce any rough sketch map of the place of occurrence at the trial. He has referred to the statement of the appellants recorded under Sec. 313 of the Criminal Procedure Code and submitted that, the appellants had contended that, they were apprehended from different locations and were illegally framed. According to him, in absence of the prosecution establishing the place of occurrence with a reasonable degree of certainty, the appellants should be acquitted.