MRITYUNJOY BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the convict and is directed against the order dated 30.9.2004 passed by the learned Special Judge under N.D.P.S Act, Krisnagar, Nadia in Special Case No. 2 of 2002 finding the appellant guilty under Section 20(b)(ii)(C) of the NDPS Act and consequently, imposing sentences of rigorous imprisonment for ten years and pay a fine of Rs. 1,00,000/- in default of which to undergo further rigorous imprisonment for two years.

(2.) The prosecution case is based on a prosecution report submitted by the Officer-in-charge, Bethuadahari Excise circle, Nadia on 6.8.2002 before the learned Special Court under N.D.P.S Act, Krisnagar and the case made out in the said report may be summarised thus : - On obtaining of source information, a raid was conducted at the house of accused/appellant, situated at village Sisha within the limits of Thanarpara police station at about 12.00 noon on 7.3.2002 under the supervision of Sasim Barai, Executive Magistrate -cum- Deputy Collector, Tehatta, Mehamud Aktar, Sub-Divisional Police Officer, Tehetta, Subhas Chandra Mridha, Superintendent of Excise, Krishnagar accompanied by other officials of Excise, Bethuadahari and Krishnagar circle and seized 50 Kgs of Ganja, kept in two polythene jars, four canestara tins and two gunny bags. The appellant was arrested for possession of the said quantum of ganja in contravention of Section 8 (c) of the N.D.P.S Act.

(3.) According to prosecution, necessary formality as envisaged under Section 50 of the Act was observed by the raiding party. Thereafter, 50 Kgs. of Ganja, kept in two polythene jars weighing 5 kgs each, four canestara tins weighing 5 kgs each and two gunny bags weighing 10 kgs each were recovered from the different places of the house of the appellant.