JAGAI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Paper books are not ready since 2007 and in view of the period of detention already undergone by the appellant, the matter is taken up for hearing dispensing with preparation of paper books.

(2.) Nobody appears for the appellant. Ms. Gomes is requested to appear as amicus curiae.

(3.) Prosecution case, as alleged against the appellant, is to the effect that on 25.8.1995 at about 16.30 hours the appellant was apprehended by R. G. Pal, an Intelligence Officer attached to NCB (P.W.3) along with other officers and it was noted that he was carrying an old and used nylon bag in his hand. On being questioned the appellant disclosed his name and upon search 100 grams of dark brown sticky resinous substance believed to be opium wrapped in a polythene sheet was recovered from the said nylon bag. The contraband article was seized and samples were drawn from the said contraband. The appellant was arrested from the spot. P.W.1, Nabanidhar Pal lodged the petition of complaint and charge was framed against the appellant under Section 18 of the NDPS Act. The appellant pleaded not guilty and claimed to be tried.