ANANDA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in N.D.P.S. Case No.14 of 2004 and Trial No. NDPS 59 of 2004 passed by the Additional Sessions Judge (Special Court), 2nd Court, Jalpaiguri on 7th December, 2007 holding the appellants guilty of offence punishable under Section 20 of the N.D.P.S Act and sentenced to suffer Rigorous Imprisonment for 12 (twelve) years each and to pay fine of Rs.1,00,000/- (Rupees one lakh), in default to suffer Rigorous Imprisonment for two years each.

(2.) Put in a short frame, the prosecution case runs as under :- On 14.09.2004 at about 13.15 hours S.I B. Gajmere Officer in charge, N.J.P outpost under Bhaktinagar Police Station, District-Jalpaiguri lodged a written complaint with Bhaktinagar P.S. to the effect that on 14.09.2004 at about 13.15 hours he received an information that a huge quantity of Ganja was being made ready in the house of one Akhil Sarkar for disposal to various places. Accordingly, he along with other officers had been to the spot at around 13.55 hours. He cordoned the area and started searching. During course of search he found Akhil Sarkar and Ananda Biswas loading Ganja packets in a suit-case. Complainant also found one manual machine used for packing Ganja in their possession. Said Accused persons failed to produce any license in support of their possession of Ganja. S.I B. Gazmera informed over R.T. Message for presence of an Executive Magistrate and awaited till 17 .00 hours at the place of occurrence. Since Executive Magistrate did not turn up S.I B Gazmera seized 14 packets of Ganja weighing 24 kgs and one VIP suit-case and one Ganja packing machine from the possession of accused persons in presence of Sri Pradip Kr. Dutta, Circle Inspector, Sadar Circle and the accused persons were taken into custody with the said Ganja packets, suit-case and packing machine and lodged a written complaint with the Officer in charge Bhaktinagar P.S. On the above complaint Bhaktinagar P.S. Case No.339/2004 dated 14.09.2004 under Section 20 of the N.D.P.S. Act was started and the accused persons were forwarded to Court and on usual investigation S.I. B. Mallick submitted charge-sheet against the accused persons. Accordingly trial started and after completion of trial, the learned Judge convicted the appellants as aforesaid.

(3.) P.W.1, was a Constable who deposed that on 14th September, 2004 he was posted at NJP out post. On that day at about 1 p.m. he along with Officer in charge of the police station had been to Baribhasa for conducting raid. On entering a house at Baribhasa the Officer in charge found two persons and some packets of contraband articles and directed the P.W.1 and others to detain the said two persons. The Magistrate did not arrive. Thereafter Barobabu came and took out the machine from a wooden structure and seized the machine in the presence of the witnesses (Mat. Exbt.I to XVI present in Court). P.W.1 and Niren Thapa were present outside the house and guarded the house. He further stated that Mat. Exbt. I to XVI do not bear his signature.