MAHADEB SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CRA (SB) 6 of 2023 and CRA (SB) 8 of 2023 are disposed of by a common and single judgment as the same arise out of the same sessions trial and sessions case number.

(2.) The appellants preferred appeal against the judgment and order of conviction dtd. 22/12/2022 and 23/12/2022 passed by the learned Additional Sessions Judge, 2ndCourt Bangaon, North 24 Parganas wherein the learned trial court was pleased to convict the appellants in connection with Sessions Trial No.02(03) 2019 arising out of Sessions Case No.204 of 2018. The learned trial court after convicting the appellants under Sec. 27(b)(ii) of the Drugs and Cosmetics Act, 1940 was pleased to impose sentence of rigorous imprisonment for five years and to pay fine of Rs.1,00,000.00 each i.d. to suffer R.I. for six months.

(3.) The present case was initiated on the basis of a written complaint lodged by one Ravi Ranjan, Assistant Commandant, 26 Battalion, BSF of BOP, Boyra with the Officer-in-Charge, Bagdah P.S. on 27/4/2014. The allegations were to the effect that an information was received by the BSF that a bike would enter the area of 50 mtrs ahead of MCP Point with Phensedyle and the people riding in the bike will then transport the Phensedyle on foot through the fields by passing the MCP at 19 Miles. At about 4.30 hours a bike approached the ambush area and as soon as the bike entered the motor cycle driver and pillion rider were arrested with two bags containing 200 bottles of Phensedyle. On enquiry it revealed that 200 bottles of Phensedyle were to be transported from Bagdah to Kulanandpur village and the said bottles were supplied by Ranjan Saha. The chain of events which transpired were that Ranjan Saha gave it to Upen Das and Jaidev Sadhu. Another search was carried out for tracing the accused persons involved and on identification by the accused Mahadev Saha and Krishna Paul, the accused Upen Das was arrested. The complainant requested the police authorities to register FIR and take action under proper Sec. of law.