LAWS(CAL)-2016-2-40

SK. RAJU Vs. THE STATE OF WEST BENGAL

Decided On February 19, 2016
Sk. Raju Appellant
V/S
The State Of West Bengal Respondents

JUDGEMENT

(1.) The judgment and order dated February 15, 2014 and dated February 17, 2014 passed by the learned Additional Sessions Judge, 12th Court, Alipore, 24 -Parganas (South) -cum -learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act, in S.T. No. 01(10) of 2012 [S.C. No. 09(05) 2012] thereby convicting the appellant for the offence punishable under Sec. 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act and sentencing him to suffer rigorous imprisonment for fourteen (14) years and to pay a fine of Rs. 1,40,000/ - in default to undergo rigorous imprisonment for two years are appealed against in the present appeal.

(2.) Brief facts leading to the instant appeal is that on 15.11.2011 the S.I. Narcotic Cell, DD on receipt of a credible source information that one narcotic drug dealer would be coming in the vicinity of Tiljala Phalguni Club to supply huge quantity of charas to some miscreants, that after obtaining permission from his superior A.C. Narcotic Cell, DD formed a team and reached the spot with necessary accessories at about 12.50 hours and at about 13.40 hours the source pointed out that a middle aged person was coming along Picnic Garden Road from West to East direction who was immediately detained and intercepted by the team members in front of Falguni Club at 138B/1, Picnic Garden Road, Kolkata -39 two onlookers, namely, Rahul Dutta and Md. Rehan on being requested to be witnesses to the search, to which they agreed. The complainant and the members of the raiding party disclosed their identity and also informed him about the reason for detention of him and thereafter the said person disclosed his identity as Sk. Raju @ Abdul Haque @ Jagga, the present appellant. The appellant was searched in presence of a Gazetted Officer on the option for search executed by the appellant. On opening the bag on search, some blackish deep brown colour rectangular shaped broken small sheets were found which were tested separately on the spot in presence of Gazetted Officer and witnesses and found positive for presence of charas. There were total 19 pcs. of sheets and on weighment of the same 1kg. 500 grams of charas in the said bag and Rs. 2400/ - as sale proceeds were recovered from Sk. Raju @ Abdul Haque @ Jagga, for which he failed to offer any plausible explanation. The articles were seized, packed, labelled and sealed in three envelopes marked as 'A', 'B' and 'C'. Seizure list and Inventory list dated 15.11.2011 were prepared and the appellant, thereafter, was arrested and a specific case was registered against him being Tiljala Police Station Case No. 426 of 2011 dated 15.11.2011 under Sec. 20(b)(ii)(c) of the NDPS Act.

(3.) On completion of investigation the Investigating Officer submitted charge -sheet under Sec. 20(b)(ii)(c) of the NDPS Act.