SAJAHAN ALL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 20.11.98 and sentence dated 21.11.98 passed by learned Judge, Special Court, N. D. P. S. Act, Murshidabad in N. D. P. S. Case No. 20/97. By the said judgment the learned Special Judge found the accused Sajahan Ali guilty under section 21 of the N. D. P. S. Act, convicted him thereunder and sentenced him to suffer R. I. for ten years and to pay a fine of Rs. one lac i.e. to suffer further R. I. for two years.

(2.) Prosecution case in brief is that on getting source information G. D. No. 781 dated 20.9.97 was recorded after sending one R. T. Message to the Circle Inspector of Police of P. S. Lalgola and thereafter S. I. Prabir Roy along with Force went to village Naldahari after entering the movement in G. D. E 784 dated 20.9.97. Two local witnesses were collected and thereafter Police Force with these witnesses entered into the house of the accused Sajahan Ali and disclosing their identity the house was searched and three plastic packets containing 250 gms of Brown Sugar along with a Measuring Scale and weights were recovered from inside the steel trunk. Observing all formalities samples were taken from the three packets and those were sealed and thereafter all the articles was seized on the basis of the seizure list in presence of the witnesses and the accused. The accused was also arrested and was produced before the SDJM, Lalbagh on 21.9.97. The accused was released on bail on 17.1.98. On getting Chemical Examiner's Report and on completion of investigation chargesheet was submitted on 23.3.98.

(3.) On 8.6.98 charge under section 21 of the N.D.P.S. Act was framed against the accused and as the accused pleaded not guilty to the charge, prosecution examined as many as six witnesses. No defence witness, however, was examined and the defence case as can be ascertained from the trend of cross-examination of the prosecution witnesses and also the answers given in course of examination under section 313 of the Code of Criminal Procedure is the complete denial of the prosecution case.