LOGIN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against the judgment and order of conviction and sentence dtd. 9/1/2020 and 10/1/2020 passed by learned Additional District and Sessions Judge, 3rdCourt, Special Court under NDPS Act, Balurghat at Dakshin Dinajpur in Trial No. 52 of 2018 arising out of Special Case No. 24 of 2018 convicting the appellants for commission of offence punishable under Ss. 21(c) and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing them to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs.1,00,000.00 each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Ss. 21(c) of the NDPS Act and to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs.1,00,000.00 each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Ss. 27A of the NDPS Act. Both the sentences shall run concurrently. Prosecution case:-

(2.) Prosecution case as alleged against the appellants is as follows:- On 9/6/2018 at 13:55 hours Inspector Sanjay Ghosh (P.W. 5), Inspector in-Charge of Balurghat Police Station received source information that illegal narcotics trade was being carried out at Balurghat Sadar Ghat in the house of one Narayan Yadav, son of Morabba Yadav. He intimidated his superiors, namely, Binod Chettri, DSP (DEB), (P.W. 4) and Dhiman Mitra, DSP (Headquarter), (P.W. 2). Thereafter, SI Pritam Singh (P.W. 3) along with ASI Soumendra Nath Das (P.W. 11) and Constable Biplab Sarkar (P.W. 1) under the leadership of DSP (DEB) Binod Chettri, (P.W. 4) proceeded to the spot to work out the information. Prior to leaving the station P.W. 1 recorded a general diary being Balurghat PS General Diary Entry No. 493 dtd. 9/6/2018 (Exhibit - 3). At 14:25 hours DSP (Headquarter) Dhiman Mitra, (P.W. 2) and DSP (DEB) Binod Chettri, (P.W. 4) arrived at Sadar Ghat. The raiding party found appellant Narayan Yadav in his house. They disclosed their identity and issued notice upon Narayan Yadav, expressing their intention to search the house. They searched for witnesses but nobody was willing to get involved in a police matter. In the presence of DSPs, IC Sanjay Ghosh (P.W. 5) conducted search in the house of Narayan Yadav and recovered 10 cartons of phensedyl cough syrup concealed in his bedroom. Each carton contained 100 bottles measuring 100 ml. each at the rate of Rs.127.50 each totalling to Rs.1,27,500.00 bearing batch Nos. PHB8019 and PHB8020.

(3.) Narayan Yadav was called upon to produce licence or any document for storage of phensedyl cough syrup but failed to do so. On interrogation Narayan Yadav admitted he had purchased the consignment from one Login Das, son of Gobinda Das of Bongi, PS - Balurghat, Dist. - Dakshin Dinajpur.