BADAL DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has been convicted for commission of offence punishable under Section 20(b)(ii) of the N.D.P.S. Act and sentenced to suffer rigorous imprisonment for six years and to pay a fine of Rs. 20,000/-, in default, to suffer further rigorous imprisonment for six months more.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 15.6.2007 P.W.1, Anil Roy along with other police officers raided the residence of the appellant on the basis of a prior information which had been diarized and upon interrogation the appellant confessed that he had 7 to 8 kilograms of ganja kept in his house concealed in a thermocol box. Accordingly, a gazetted officer or Magistrate was summoned to conduct the search in his presence. Pursuant thereto, P. K. Pal and B. K. Pal, DDI-I and II came to the place of occurrence and search was effected at the residence of the appellant and a thermocol box containing 7.5 kilograms of ganja was recovered. The box containing ganja was seized under a seizure list and the same was sealed and labelled. The samples were collected from the seized article and the appellant was arrested.

(3.) On the complaint of Anil Roy, P.W.1 the instant case was registered for investigation. Upon collection of report of the chemical expert which showed the seized article as ganja, charge sheet was filed and charge was framed against the appellant under Section 20(b)(ii) of the NDPS Act. The appellant pleaded not guilty and claimed to be tried. In conclusion of trial, the trial Court convicted and sentenced the appellant, as aforesaid.