MILAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order of confiscation of vehicle dtd. 10/3/2021 is the subject matter of challenge in the appeal.

(2.) Short factual compass giving rise to the appeal is to the effect that a purported seizure of narcotic substance i.e. 24 kgs. of Ganja was made from a white colour Hundai car bearing registration No. WB 30S 9966. The search had been conducted on 19/6/2019 between 20 hours to 22 hours. The appellant who is the owner of the vehicle was arrested and prosecuted for possession of the aforesaid narcotic substance under Sec. 20(b)(ii)(c) of the NDPS Act.

(3.) Prosecution examined eight witnesses. Upon analysis of the evidence on record the trial Court by the impugned judgment and order dtd. 10/3/2021 recorded an order of acquittal against the appellant, inter alia, on the following grounds :