MAKHAN BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judgecum- Judge Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter described for convenience as N.D.P.S. Act. finding thereby the Appellant Makhan Barman guilty of the offence Under Section 20 (b) (ii) (C) of the N.D.P.S. Act and sentencing the Appellant to suffer R.I. for 10 (ten) years and pay fine of Rs. 1,00,000.00 (rupees one lakh only) I.D. to suffer R.I. for one year more, in G.R. Case No. 274 of 2007. The judgment of conviction was passed on 19.07.2008 and the sentence was passed on 21.07.2008.

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

(3.) Considering the materials collected during the investigation, charge Under Section 20 (b) (c) of the N.D.P.S. Act had been framed against the Appellant and the Appellant pleaded his innocence and claimed trial. False implication was the only plea of the Appellant all along.