MANTU BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 23.5.2008 convicting the appellant for commission of offence punishable under Section 20(b)(II)(C) of the N.D.P.S. Act and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1 Lac, in default, to suffer rigorous imprisonment for one year more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that a raid was conducted under the leadership of DDI, Cooch Behar, P.W.16 on 9.8.2007 at 11.00 a.m. in the house of the appellant on the basis of a secret information that he was dealing in 'ganja'. Such information was diarized and at the time of raid, P.W.16 was accompanied by the police force and independent witness and in the course of raid, 20.2 kilograms of 'ganja' was recovered from the thakurghar on the northern side of the house of the appellant.

(3.) Nobody appears for the appellant. Ms. Trina Mitra is requested to appear as amicus curiae in this matter. She argued that the evidence of the official witnesses have not been corroborated by independent witnesses. There are discrepancies in their evidence and the place of occurrence has not been established beyond reasonable doubt.