UTTAM PRAMANICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred as against the judgment and order of conviction dated 06-01-2014 and 07-01-2014 as passed by the Learned Judge, 3rd Special Court, (N.D.P.S. Act), Burdwan in Special Case No. 30 of 2012 in which the present appellant was found guilty in respect of the charge punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act of 1985 and was sentenced to suffer rigorous imprisonment for five years and also directed to pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months more.

(2.) The case of the prosecution can be stated in brief thus :-

(3.) On this point he cited one decision of the Apex Court (Bhimappa Jinnappa Nagpur vs. State of Karnataka, 1993 AIR(SC) 1469) and one full Bench decision of this Court as (Subhas Bhattacharjee vs. State, 1985 CrLJ 1807) wherein both the courts held that if the statement recorded under section 27 of the Evidence Act is not produced, then the recovery point cannot be considered in favour of the prosecution.