LAWS(CAL)-2023-7-81

VIJOY SHAW Vs. STATE OF WEST BENGAL

Decided On July 19, 2023
Vijoy Shaw Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is in assailment of the judgment of conviction dated February 24, 2020 and order of sentence dated February 27, 2020 passed by 12th Additional Sessions Judge cum Special Court under Narcotic Drugs and Psychotropic Substances Act in connection with Sessions Trial No. 03 (08) of 2017 arising out of Sessions Case No. 08 (05) of 2017.

(2.) By the impugned judgment, the appellant was convicted for the offence punishable under Sec. 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act. By the impugned order of sentence, the appellant was sentenced to undergo 14 years of rigorous imprisonment and to pay a fine of Rs.150,000.00 and in default to undergo further rigorous imprisonment for another one year.

(3.) The fact that gives rise to the instant case in a nutshell is that the de-facto complainant received a source information on February 20, 2017 at about 14.00 hrs to the effect that one male peddler will supply/sell charas in Watgunge police station area. The information was reduced into writing and was forwarded to the officer-in-charge, Narcotic Cell, D. D. Under due permission from the Assistant Commissioner, Narcotic Cell, D. D. a raiding team was formed and the raiding party proceeded to the spot under Watgunge police station area at about 15.00 hrs. for conducting raid along with the source, testing kit, packing materials, seals et cetra. They reached the spot i.e. D.H. Road in front of R/S Enterprise at about 15.30 hrs being led by the source. At about 16.00 hrs. the source pointed to a young male person coming from D. H. Road from South to North direction.