RAM AVTAR SHOW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of the Code of Criminal Procedure, 1973 by the appellant being aggrieved and dissatisfied with the judgment and order dtd. 16/11/2009 and 17/11/2009 passed by the learned Judge, Special Court, under NDPS Act, Howrah, whereby this appellant has been convicted for offence punishable under Sec. 20(b)(ii)B of the NDPS Act, (hereinafter referred to as the 'Act') and sentenced to undergo one year rigorous imprisonment with fine of Rs.10000.00 along with default stipulation.

(2.) The case of the prosecution in nutshell is that:

(3.) After completion of investigation, charge-sheet was submitted by the prosecuting agency under Sec. 20(ii)(B) of the NDPS Act against the accused person. Charge was framed by the Trial Court under Sec. 20(ii)(B) NDPS Act. 12 (twelve) witnesses were examined by the side of the prosecution. Documents as well as the seized articles were marked as exhibits on behalf of the prosecution in connection with this case. After closure of prosecution evidence, the accused was examined under Sec. 313 of Cr.P.C. to which he inclined to adduce witnesses on his behalf. The accused himself was examined with the permission of the Trial Court as DW1 and his wife was examined as DW2 in this case.