HAZARAT ALI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated December 08, 2021 and order of sentence dated December 10, 2021, passed by learned 4th Additional Sessions Judge, Alipore, South 24 Parganas in connection with Sessions Trail No. 3(1) of 2018 arising out of Sessions Case No. 1 (9) Of 2017.

(2.) By the Impugned Judgement of Conviction, the appellants were convicted for the offence punishable under Sec. 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. By the impugned order of sentence, all the three appellants were sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rupees one lakh and in default of payment of fine to undergo imprisonment for a further period of six months.

(3.) On May 31, 2017, one Dababrata Sikder, sub-inspector, ADRS, DD, lodged a written complaint with the officer-in-charge of Taratala PS to the effect that on May 31, 2017 at about 14.30 hours, he received a credible source information that male persons would be coming to sell/supply charas in Taratala PS area in the afternoon. The information was reduced into writing and forwarded to the officer in charge ADRS, DD. Upon due permission, a raiding team was formed at about 15. 00 hours. The de facto complainant along with the raiding team left the office at Lalbazar for the spot along with the raiding team, source, weighing scale, narcotic drug testing kits, packing materials and other accessories.