BRAJA BARAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the Judgment and Order of conviction dtd. 20/11/2008 & 21/11/2008 passed by Learned Additional Sessions Judge-cum-Judge Special Court under N.D.P.S. Act, Cooch Behar in G.R. Case No. 136/2003 under Sec. 20(b)(ii)(B) of the N.D.P.S. Act, convicting the appellants and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs.50,000.00 each, in default, to pay fine, suffer simple imprisonment for five months more.

(2.) The prosecution case precisely stated on 10/9/2003 at about 7:10 PM, the accused who jointly possessed Ganja of 2.1KG+2.1KG+1.9KG respectively at Balarampur, Chowpathi, Tufangunj, were apprehended by the police and on enquiry they failed to produce any valid documents and a license violating the provision of Sec. 8 of the NDPS Act.

(3.) Consequently, G.R. Case No. 136/2003 was initiated on 16/9/2003 before Learned Sub-Divisional Judicial Magistrate, Tufangunj. After completion of investigation, initiated on the basis of First Information Report being 84/03 dtd. 10/9/2003. Charge-sheet was submitted against the three accused persons out of which accused Manik Dutta died on 2/8/2008.