NASIRUDIN MOLLA @ NASIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of judgment and order dated 15.2.2010 passed by the learned Judge Special Court, Barasat, North 24 Parganas and thereby convicting the appellant for committing offence punishable under Section 20(b)(ii)(B) of the NDPS Act and sentencing him to suffer R.I. for three years and also to pay a fine of Rs. 20000/ - with default clause.

(2.) IN the background of this appeal the fact in nutshell is that on 31.12.2007 at about 14.05 hours the Officer -in -Charge of Baduria P.S. received a telephonic source information that a person aged about 35 years would appear near Biva Brick Factory, Arbelia, with some quantity of ganja in order to sale the same to someone. He diarized the said information and informed SDPO, Basirhat and CI Swapupnagar. With the permission of these superior Officers, the defacto complainant alongwith other police personnel left their police station at about 14.15 hours for working out the said source information alongwith weighing balance, different weights and other stationary articles.

(3.) THE police party reached at 14.45 hrs at Arbelia near Biva Brick factory and got down from their police vehicle and the defacto complainant made contact with the source and also with two public witnesses namely Md. Kutubuddin Mondal and Md. Selim Molla and briefed them about the information so received and requested them to be the witnesses to the probable interception/search and seizure and those members of public agreed to his proposal.