BISWAJIT MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 9/1/2017 and 10/1/2017 passed by the learned Additional District & Sessions Judge, 6th Court, Barasat, North 24 Parganas convicting the appellant for commission of offence punishable under Sec. 20(b)(ii)(c) and to suffer rigorous imprisonment for fifteen years and to pay a fine 2 of Rs.1,50,000.00, in default to suffer further simple imprisonment for one year.

(2.) Prosecution case as alleged against the appellant is to the effect that on 11/3/2015 at 20:15 hours S.I. Duth Kumar Naskar (PW 1) attached to Baguiati Police Station received secret information that there was illegal trafficking of ganja by one person near Kestopur 7 No. Auto Stand. He reduced the information in writing and brought the matter to the notice of the superior officer. Under his instruction, P.W. 1 and others proceeded to the spot at 21:15 hours. He noticed a person proceeding with a bag. On identification by source he intercepted the appellant. He intimated IC, Baguiati to come to the spot as Gazetted Officer. In presence of IC, Baguiati (PW 7) the appellant was searched and 21.700 kgs. of Ganja was recovered in a white coloured nylon bag. Two samples of 100 grams each were drawn from the contraband. Appellant was arrested along with contraband and samples were brought to the police station.

(3.) On the written complaint of PW 1, Baguiati Police Station Case No. 169 of 2015 dtd. 11/3/2015 under Sec. 20(b)(ii)(C) of the NDPS Act was registered. Samples were sent for chemical examination and chemical examiner's report was received and marked as (Exbt. 13). Report showed the presence of ganja in the sample. In the course of trial prosecution examined eight witnesses and exhibited a number of documents.