SAHEB ALI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of the judgment and order dated 30.9. 2010 passed by the learned Special Judge, NDPS Act (Additional Sessions Judge, 12th Court, Alipore, 24 -Parganas (South) in Sessions Trial No. 01(5) of 2010, convicting the appellant under section 20(b)(ii)(B) of the NDPS Act and sentencing thereby the appellant for a period of five years and to pay a fine of Rs. 25,000/ - with default clause. In the background of this appeal and the fact in a nutshell is as follows : On 22.1.2010 in between 2.15 p.m. to 3.30 p.m. ganja weighing 2.1 kg. was recovered from the accused on the northern side of railway track of New Alipore Railway Station. The accused was detained by the police authority led by Mr. Pradip Das, SI of Police, on receipt of a source information on that very date at 10.15 a.m. that somebody would arrive at the spot for drug peddling. The ganja was found in one green coloured jute bag and packed in two separate polythene packets inside the bag and the accused failed to account for his possession of narcotics substance.

(2.) A complaint was lodged.

(3.) AFTER investigation, police submitted charge -sheet against the accused under section 20(b)(ii)(B) of the NDPS Act. The case was committed to the Court of Sessions by the learned Magistrate.