TINKU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgment and order dtd. 12/4/2018 and 16/4/2018 passed by the learned Additional Sessions Judge, 1st Court, Cooch Behar (NDPS) in NDPS Case No.22 of 2016 convicting the appellant for commission of offence punishable under Sec. 21(C) of the NDPS Act and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000.00, in default, to suffer rigorous imprisonment for a year more. Prosecution case:

(2.) Prosecution case as alleged against the appellant is as follows:- On 9/3/2016 at 10.05 AM, PW 1 received information that one empty truck bearing registration No.NL-01N-0394 carrying huge quantity of contraband of cough syrup was moving towards Assam from Alipurduar and the same would pass through NH-31 over Sankosh bridge. The information was diarized as Boxirhat P.S. G. D. Entry No.69 of 2016 dtd. 9/3/2016 under Ss. 21(c) / 22(c) of the NDPS Act.

(3.) PW 1 intimated ASI, Gouranga Roy (PW 8) to detain the truck. Thereafter, PW 1 accompanied by PWs 3 and 4, Constables Ashim Das and Bimal Kumar Dey left for Sankosh bridge to work out the information. At 11.05 hours they reached Sankosh bridge and started checking vehicles. Around 11.30 hours a truck bearing registration No.NL-01N-0394 was seen coming from Alipurduar side.