JALIL ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 17/2/2020 passed by learned Additional Sessions Judge, 1stCourt, Cooch Behar (Special Court under NDPS Act) in NDPS Case No. 59 of 2018 arising out of Sahebganj Police Station Case No. 352/18 dtd. 31/7/2018 convicting the appellant for commission of offence punishable under Sec. 20(b)(ii)(C) of the NDPS Act and sentenced him to suffer rigorous imprisonment for 15 years and to pay a fine of Rs.1,50,000.00, in default, to suffer rigorous imprisonment for two years more.

(2.) Prosecution case levelled against the appellant is to the effect that on 31/7/2018 at 6:30 hours one Jay Prakash, Assistant Commandant of 38 BN BSF at BOP Gitaldah (P.W. 5) who was also in- charge of BOP Karala received information from unit 'G' (Intelligence Cell) that large quantity of ganja is stored in the house of one Jaidul Mia of Karala which was situated on the other side of the border fence. He informed his superior and as per their direction he directed Post Commander Inspector Bachhan Singh (P.W. 1) to reach the spot and cordon the house of Jaidul. At 7:30 hours Bachhan Singh and his force went out from the BOP Karala vide Karala BOP GD Entry No. 13 dtd. 31/8/2018 and reached the spot. They cordoned the house of one Jaidul Mia. At that time, two persons fled away from the house. Bachhan Singh requested Jay Prakash, Assistant Commandant to come to the spot and conducted the search. Jay Prakash tried to contact a Magistrate for conducting search but failed. He reached the spot at 8.30 hours along with stationery and weighing machine. In the presence of independent witnesses he knocked the door of the house.

(3.) In the course of investigation, the samples were sent for chemical examination. Chemical examiner's report (Exhibit 14) showed presence of ganja.