LAWS(CAL)-2023-2-35

BABLU ALI Vs. UNION OF INDIA

Decided On February 07, 2023
Bablu Ali Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated October 15, 2020 and order of conviction dated October 16, 2020 passed by the 3rd Special Court at Burdwan (NDPS) in Special Case No. 13 of 2016.

(2.) By the impugned order of conviction, the learned Judge convicted the appellant under Sec. 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985(NDPS). By the impugned order of sentence dated October 16, 2020 the learned Judge awarded rigorous imprisonment for 10 years and to pay a fine of Rs.1.00 Lakh and in default to pay the fine amount, to suffer further imprisonment for six months.

(3.) Learned advocate appearing for the appellant submits that, a vehicle was intercepted on March 14, 2016. The appellant was neither the owner of the vehicle nor the driver of the vehicle. The appellant was sitting on the seat of the helper of the vehicle when he was detained by the Customs Authorities. The appellant is no way connected with the recovered commercial quantity of Narcotics.