MANIK BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeals are directed against the judgment and order of conviction and sentence dated 26.05.2008 and 27.05.2008 passed by the learned Additional Sessions Judge-cum-Judge Special Court under Narcotic Drugs and Psychotropic Substances Act, hereinafter described in short as N.D.P.S. Act. Cooch Behar in G.R. Case No. 148 of 2007, convicting thereby the Appellants under Section 20 (b) of the N.D.P.S. Act.

(2.) The facts behind, stated briefly, are as follows:-

(3.) On 10.04.2007, S.I. Sanjay Dutta, Officer-in-Charge of Tufanganj P.S. District Cooch Behar received a secret information from his source that the present Appellants of Arampur under Balarampur-I under P.S. Tufanganj, Dist.- Cooch Behar, were likely to carry huge quantum of Ganja to the house of one Dilip Das at Sansan Road, village Kamat Fulbari (Dakshin) for the purpose of trading. S.I., Dutta immediately recorded the fact in the General Diary of the Police Station and thereafter he along with other police personnel rushed to the aforesaid place and kept the place under strict vigil and during such watch found the Appellants entering the house of one Dilip Das. S.I., Dutta, therefore, followed the Appellants and entered the house of the said Dilip Das with others accompanying him and having entered the house they noticed the Appellants packing Ganja in a big plastic sheet and during the raid they found the owner of the house, Dilip Das, having managed to escape from the place and on interrogation of the Appellants they came to know that the Appellants had procured the goods from Balarampur and planned to sell the goods after packaging, through Dilip Das. The Appellants failed to account for their possession of the contraband goods. S.I., Dutta sent a requisition for the presence of an Executive Magistrate for the purpose of seizure of the contraband goods. In response to such requisition the local B.D.O. reached the spot promptly. A photographer was also called for and in presence of the local B.D.O. the raiding team as well the two neutral persons of the locality, contraband goods were seized through a seizure list prepared on the spot. Sample had been separated and preserved and labels were pasted on the packets of the samples as well as the seized contraband goods. After completion of all the aforesaid acts of search and seizure S.I., Dutta returned to the Police Station with the seized contraband goods and samples etc. and the Appellants in custody, as well, and lodged a suo motu complaint against the Appellants in the Police Station, on the basis of which Tufanganj P.S. Case No. 29 of 2007, dated 10.04.2007 under provisions in N.D.P.S. Act had been started against the Appellants. Thereafter, the case was handed over to S.I., Asit Deb Singh of Tufanganj P.S. for investigation. The investigation continued and after completion of investigation charge-sheet had been submitted against the Appellants under Section 20 (b) of the N.D.P.S. Act.