DILIP DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the appellant herein against the order of conviction and sentence dated 23rd June, 2010 and 24th June, 2010 respectively for the offence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the 1985 Act) whereby and whereunder the appellant was directed to suffer Rigorous Imprisonment for 11 years and to pay a fine of Rs.1,00,000/ - (rupees one lakh) in default to suffer further R.I. for 6 months.

(2.) The case of NCB is that acting on a specific information which was reduced in writing and after giving intimation to the superior officer and obtaining movement order a group of NCB Officers and staff and a lady sepoy reached the residential premises of the appellant at B -1/666, Sukanta Nagar, P.S. Salt Lake, Kolkata at 7.30 hours on 21st December, 2005 and on specific identification the officers reached the unit of the accused appellant. The main gate was found to be open and upon the officers knocking the door of the third room of the said premises a person opened the door of that room and introduced himself to be the appellant. The officers disclosed their identity and expressed their intention to search the room. Two independent witnesses from among the onlookers were called and after thorough search 29 rectangular shaped slabs covered with polythene sheets were found under the cot kept in the room. 7 slabs were tested and the same responded positive to the test of ganja. The said 29 slabs were weighed and aggregated to 168 kgs. The said contraband articles were seized and labelled. Signatures were taken and notice under Section 67 of the NDPS Act was issued to the appellant. A voluntary statement was made by the appellant on 21st December, 2005 at 13.30 hours wherein he admitted his guilt and implicated other co -accused too. The samples seized were sent for chemical analysis and the chemical examination report also confirmed the samples to be ganja. A complaint was filed under Section 20(b)(ii)(c) and 29 of the NDPS Act by Pradip Kumar Ghosh, Intelligence Officer of Narcotic Control Bureau, EZU, Kolkata.

(3.) A special Judge thereafter took cognizance of the complaint filed and charges were framed under Section 20(b)(ii)(c) of the said 1985 Act. The said charges were read out to the accused appellant to which the accused appellant pleaded not guilty and claimed to be tried.