SANKAR AICH @ BABAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Preferring this appeal, the appellant has assailed the judgment of conviction dated April 04, 2019 and order of sentence dated April 05, 2019 passed by the learned 6th Additional and Sessions Judge, Barasat, North 24-Parganas in connection with the Case No. N-138 of 2015 convicting the appellant under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act,1985.

(2.) On July 1/7/2015 at 17.35hrs, the de facto complainant received a secret information regarding the carriage of ganja from near Kestopur, VIP Road. Upon receiving such information, the de facto complainant recorded the same under Baguiati P.S. GDE No. 1516 dated July 1/7/2015. The matter was brought to the notice of the Inspector-in-charge, Baguiati P.S. Accordingly; the de facto complainant was directed to work out the information. In pursuance of such direction by the Inspector-in-charge, the de facto complainant along with the Force left the Police Station by lodging a GDE in this regard. The raiding party also carried all the necessary articles for conducting search and seizure accompanied by the source. The raiding party reached at Kestopur, VIP Road near Reebok showroom at about 17.55hrs. They also arranged for two independent local persons Gautam Mondal and Debasish Sarkar to be witnesses from the raid, search and seizure. The raiding team set up an ambush near the aforesaid place leaving their vehicles away. At about 17.10hrs, one person was noticed moving suspiciously with a big yellow coloured nylon sack. He stopped near the Reebok showroom. Upon identification by the source, the raiding team surrounded the said person. On enquiry, the said person disclosed identity as Sankar Aich @ Babai and thereafter exposed that the bag he was carrying contained ganja.

(3.) The de facto complainant incidentally reported the matter to the Inspector-in-charge of Baguiati Police Station over phone and requested him to come to the spot as a Gazetted Officer. At 18.30hrs, the inspector-in-charge, Baguiati P.S. arrived at the place of occurrence and as per his instruction, a notice was served upon the detained person in writing to the effect that he was suspected to carry gana and the police wanted to search him. He was also served with another notice that stated he had the right to search the Police Personnel in presence of Gazetted Officer to which he expressed his willingness. All the Police Personnel including the de facto complainant and the inspector-in-charge were searched by the detained person but no incriminating materials could be found on the person of the Police Personnel and the witnesses. One search list was prepared in the mean time. Thereafter, the de facto complainant conducted search upon the detained person and 22.700 kg (twenty two kg and seven hundred grams) ganja was recovered from the yellow coloured nylon sack being carried by the accused. The ganja was taken out from the packet and two separate packets of hundred gram ganja in each were prepared by wrapping brown paper as its Test Sample and Security Sample respectively. The rest amount of ganja i.e. 22.500 kgs were packed in a white nylon bag tied in jute thread. Thereafter, all the exhibits including the yellow coloured nylon bag were properly packed, sealed and labelled in presence of the witness and were seized under proper seizure list in presence of the witness. The seizure list was signed by the witness as well as by the accused. The process of search and seizure was completed between 19.40hrs and 20.25hrs.