NAVA MAZUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 1.8.2001 passed by the Judge, Special Court under the NDPS Act, 6th Court, Barasat in case No. N-66 of 1997. By the said order, the learned Judge convicted both the appellants for the commission of the offence under Section 22 of the NDPS Act and sentenced both of them to suffer rigorous imprisonment for 10 years each and also to pay fine of Rs. 1,00,000 (Rupees one lakh) each in default to suffer further rigorous imprisonment for six months. Being aggrieved and dissatisfied with the said order of conviction, the convicts/appellants have preferred this appeal.

(2.) The case in question was started on the basis of a complaint filed under Sections 22 and 29 of the NDPS Act against the accused persons. It was stated in the said complaint that on 5.12.1997 at about 8 p.m. the officers of NCB, Calcutta intercepted one woman and a man at Taltala Math near Lalkuthi Bus stoppage, Halisahar where they were waiting with 23 packets of medicines. Being questioned, they disclosed their identity as Sikha Biswas and Naru Mazumdar and informed that those 23 packets contained medicines Buprenorphine Injection -11 packets, Methergin Injection 8 packets and Syntocinon Injection-4 packets. As those injections were psychotropic substance, so as a follow up measure those were seized under proper seizure list. The voluntary statements of those two persons were recorded and it transpired from the statement of accused Sikha Biswas that one Swapan Debnath was involved in the commission of the. offence. As such, notice was served upon him as per law. Said Swapan Debnath appeared before the NCB Office and on 10.12.1997 he voluntarily stated that he invested Rs. 1,20,000 (Rupees One. Lakh Twenty Thousand) for purchasing those medicines. As after investigation a case under Sections 22 and 29 of the NDPS Act was made out against the accused persons, so prosecution report was submitted against them in the Court accordingly. During trial charges under Section 22 of the N.D.P.S. Act were framed against accused Sikha Biswas and Naru Mazumdar while charge under Section 29 of the N.D.P.S. Act was framed against accused Swapan Debnath. The charges were read over and explained to the accused persons who all pleaded not guilty and claimed to be tried. Prosecution in all has examined 8 (eight) witnesses to prove the charges against the accused persons. One D.W. has been examined on behalf of the accused Swapan Debnath, who has been acquitted, to prove the fact that while he was in custody he retracted the confession alleged to have been made by him. The other two accused persons viz. Sikha Biswas and Naru Mazumdar did not adduce any evidence in support of their contention. It appears from the trend of the cross-examination as well as from the examination of the accused persons under Section 313 Cr.PC that it is the case of the defence that they were falsely implicated in connection with this case. Learned Trial Judge considered the entire materials on record and thereafter by his impugned Judgment he came to the conclusion that prosecution was in a position to prove the charges against Sikha Biswas and Naru Mazumdar and as such he was pleased to pass the order of conviction against them. So far as accused Swapan Debnath is concerned, the learned Judge was of the opinion that there is room for doubt regarding the genuineness of the prosecution claim and as such he was pleased to acquit him.

(3.) The point to be considered, so far as the present appeal is concerned, as preferred by accused Sikha and Naru, is, whether on the basis of the materials on record the learned Trial Judge was justified in passing the order of conviction against the appellants.