HOSSAIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated August 10, 2020 and order of sentence dated August 12, 2020 passed by learned 5th Additional Sessions Judge cum Special Court under NDPS Act in connection with NDPS Case No. 59 of 2019 convicting the appellant under Sec. 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

(2.) One Sub-inspector of police of Sagardighi Police Station received source information at 10.15 hours on March 14, 2019 to the effect that the truck bearing Registration No. NL01N/9322 loaded with huge quantity of ganja was coming from Gauhati to Berhampore. The officer reduced the information into writing by lodging a GDE and informed the matter to his superior. According to the directions of the superior officer, the informant along with force proceeded from Sagardighi police station to work out the information. They also carried the necessary articles like Pin, paper, seal, weighing machine et cetera. At about 11. 05 hours the raiding team reached near the Dohalia More. At about 12. 25 hours a truck having registration No. NL 01/9322 was found coming from Moregram side. The said truck was detained and the driver, helper and another person sitting inside the Cabin were apprehended. The aforesaid persons were informed about the source information and the reason for their apprehension. They disclosed their identity as Johan Joy Reang, Biplab Riang and Hossain Sk. Thereafter, the informant searched for local witnesses. Two of them namely Sarwar Marsid and Bashiruddin Sk. agreed to stand witnesses to the search and seizure.

(3.) The detained persons were also intimated in writing that as the information had revealed commission of an offence under NDPS Act, there could be searched in presence of a Magistrate or a Gazetted Officer. As agreed by the detained persons, upon a request from the informant, the joint BDO of Sagardighi arrived at 15. 05 hours to act as a Gazetted Officer.