ALLAUDDIN KHAN Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE subject matter of challenge in this appeal is a judgment and order of conviction dated July 30, 2013 and sentence dated July 31, 2013 passed by the learned Judge, 3rd Special Judge, Burdwan, in Special Case No. 26 of 2010 convicting the appellant for committing offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). By virtue of the impugned sentence the appellant was directed to suffer rigorous imprisonment for ten years and fine of Rs. 1 lakh in default of payment of fine to undergo further rigorous imprisonment for a period of six months.

(2.) ON July 17, 2010 Sri Soumitra Sarkar, Superintendent of Customs, Burdwan, (PW 1), received a specific information over phone from Sri P. Basu, Senior Intelligence Officer of D.R.I., Calcutta that a truck bearing No. UP -65H -0385 loaded with 'ganja' would pass through Durgapur Highway. Sri Soumitra Sarkar, Superintendent of Customs (PW 1), left the office with a raiding team for Durgapur Express Highway at 16.15 hrs. after writing down the information in D.R.I. -I register. On receipt of further direction from D.R.I., the above raiding team returned back to the Head Quarter. At about 18.30 hrs. the above raiding team moved to the spot once again receiving direction from D.R.I. Officer. On further direction the raiding team moved towards Gurudwara situated at G.T. Road (Durgapur Highway). After reaching there, Sri Suresh Abraham, Superintendent of Central Excise, Bishnupur Division (PW 3), found the above truck parked near the aforesaid Gurudwara.

(3.) ON July 18, 2010 at about 04.00 hrs., raiding team found a man to enter into the cabin of the above truck and to close the cabin door after entering into the above cabin. The officer of the raiding team disclosed his identity to the above person. Initially, nothing was disclosed by the above person before them. Subsequently, he confessed that he had 'ganja' in his vehicle. The appellant was informed of his right of searching him in presence of a gazetted officer. After receiving written consent from the appellant he brought the vehicle to the Office of Central Excise and Customs at Birhata, Burdwan. Sri Subhojit Konar (PW 6) and one Sankhadip Dutta, two morning walkers, were asked to be eyewitness of search and seizure. They were requested to come to the above place at 09.30 hrs. on that date.