LAWS(CAL)-2022-4-125

GANESH DAS BAIRAGYA Vs. SUPERINTENDENT, NARCOTICS CONTROL BUREAU

Decided On April 22, 2022
Ganesh Das Bairagya Appellant
V/S
Superintendent, Narcotics Control Bureau Respondents

JUDGEMENT

(1.) Lower court records have been received. Defects in the lower court records are inconsequential. Hence, the defects may be ignored. With the consent of the parties, appeal is taken up for hearing today.

(2.) Appellant has assailed judgment and order dtd. 25/2/2021 and 26/2/2021 passed by the learned Judge, 3rd Special Court, Burdwan (NDPS) in Special (NDPS) Case No. 48 of 2014 convicting the appellant for commission of offence punishable under Sec. 15(c) of the N.D.P.S. Act and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000.00, in default, to suffer further rigorous imprisonment for two months more.

(3.) Prosecution case as alleged against the appellant is to the effect on 4/12/2014 at 20:00 hours pursuant to specific direction which was reduced into writing and intimated to superior and upon receipt of necessary movement order, a group of NCB Officers comprising of Ashok Kumar Prajapati, Intelligence Officer, NCB, Kolkata Zonal Unit, (P.W.2), Arnab Chakraborty, Intelligence Officer, NCB, Kolkata Zonal Unit, (P.W.3), Debashish Chaudhuri, Superintendent, NCB, Kolkata Zonal Unit (P.W.4) and one lady Habildar proceeded to work out the information. Two independent witnesses viz., Sk. Babar Ali and Palash Bala were requested to join the search. The team went to the residence of the appellant and knocked on the door. A person who introduced himself as the appellant opened the door. Thereafter, the appellant was communicated of his right under Sec. 50 of the N.D.P.S. Act to be searched before a Gazetted Officer or a Magistrate. The option was given in writing. Appellant declined the offer. Thereafter in the presence of Superintendent, NCB, Kolkata Zonal Unit viz., Debashish Chaudhuri (P.W.4), a Gazetted Officer, search was conducted at his residence. From a room in his house, 5 nylon sacks were recovered which were suspected to contain poppy straw. Appellant failed to produce any valid document with regard to possession of poppy straw. Upon weighment, it was found 4 bags weighed 25 kgs. each while the other bag weighed 8 kgs. In all, 108 kgs. of poppy straw was recovered. The articles were seized and each bag was separately marked as G-1, G-2, G-3, G-4 and G-5. Samples as well as duplicate samples were drawn from each bag. Samples were kept in separate transparent polythene packets and these packets kept inside a cloth envelop. During search some documents, money and mobile phone were also recovered. A seizure list was prepared in connection with the seizure and signed by witnesses including the appellant. Statement of the appellant was recorded under Sec. 67 of the N.D.P.S. Act. Statements of independent witnesses were also recorded under Sec. 67 of the N.D.P.S. Act. Thereafter, the appellant was arrested. On the statement of the appellant, co-accused Bikash Ghosh was implicated. Raids were held but he was not found at his residence. Complaint was filed against the appellant and Bikash Ghosh showing the latter as an absconder. Subsequently, Bikash Ghosh appeared before the trial court and charges were framed under Sec. 15(c) of the N. D. P. S. Act against them. In course of trial, six witnesses were examined and number of documents were exhibited. Certificate of the Magistrate issued under Sec. 52A of the N. D. P. S. Act along with photographs were proved. Defence of the appellant was one of innocence and false implication. It was his specific defence he was arrested from the road. He, however, did not lead defence evidence to probabilise such fact.