DILIP DAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred by the appellant assailing his conviction dated July 27, 2009, under Sec. 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, 1985) and sentence dated July 28, 2009, of rigorous imprisonment for ten years and fine of Rs. 1 lakh in default to suffer simple imprisonment for one year more subject to Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) for setting off the period of detention passed by the Additional Judge Cum Judge Special Court under NDPS Act, 1985, Cooch Behar in NDPS Case No. 9 of 2008.

(2.) The backdrop of the case in the barest outline is stated as under: - -

(3.) The aforesaid raiding team intercepted and started searching the said bus at Chilakhana, District -Cooch Behar, at 05.15 hours on the same day. Recovered illicit article (ganja) from two bags kept on the roof -top of the said bus. The appellant was a passenger of the said bus and the aforesaid two bags were kept on the roof -top of the said bus by the PW 8 on the instruction of the appellant. The bags were opened in presence of the PW 14, the then Deputy Magistrate, Tufangunj Sub -Division, Cooch Behar and local people. Contraband article was found inside the aforesaid two bags. Weighment of the above contraband article was done in a computerized weighing machine of PW 11. From one of the aforesaid bags (a lylon DE=O=ON) two packets were recovered containing "ganja" measuring 12 kg 150 gms and 1 kg 100 gms respectively and two other packets were found inside the second bag (Corallite bag) containing "ganja" measuring 10 kg 450 gms and 1 kg 750 gms respectively, the appellant failed to produce any valid document in support of possessing and carrying the aforesaid illicit articles. Those articles were seized and labelled after preparing sample packets containing samples of 100 gms. each and seizure lists obtaining signatures of PW 7 and PW 8 as witnesses in presence of the PW 14, the then Deputy Magistrate, Tufangunj Sub -Division, Cooch Behar. The appellant was arrested in presence of witnesses. The aforesaid articles were also seized in presence of the witnesses. A rough sketch map of the place of occurrence was prepared. Photograph of the accused person and the seized bags along with others was taken with the help of Digital Camera. Personal properties, namely Rs. 2,992/ - in Indian currency and a Samsung Mobile Phone with Sim No. 9734997505 were also seized.