SAGAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging the legality and maintainability of the judgment and order of conviction dated 20/9/2017 passed by the Judge, Special Court, NDPS Act, Krishnagar, Nadia by which he has convicted the appellant to suffer imprisonment for one year and to pay fine of Rs.10,000/-, the appellant has preferred this appeal.

(2.) Factual aspect of this case is to be revisited. On the basis of an information from the Krishnagar Correctional Home, the de facto complainant went to the jail compound and in his presence, some contraband article (opium) were recovered from the possession of the appellant.

(3.) It is the case of the prosecution that the appellant went to jail compound for delivering some contraband articles to his friend, who was an under trial prisoner in that jail. A plastic bag was in his hand. In the said bag there were some snacks, sweets and fruits. Besides those, two lifebuoy soaps were also found in his possession. The jail warden and others doubted about the lifebuoy soaps and on opening they found some portion of opium were kept in a camouflage manner. Thereafter search and seizure was done and the accused was challaned for trial.