GOURANGA MONDAL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 11th May, 2011 passed by the learned Judge, Special Court NDPS Act, Siliguri, Darjeeling in C.R. (NDPS Case) No. 8 of 2009 convicting the appellant for the offence punishable under section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentencing him to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 50,000.00 in default, to suffer rigorous imprisonment for a further period of one year for the aforesaid offence.

(2.) Prosecution case, sans unnecessary details is as follows: On 10th March, 2009 at 19.10 hours Sub-Inspector of police Tapan Kumar Das of Pradhan Nagar Police Station received a secret information that two persons were standing at Darjeeling More in front of Labanya weigh bridge having in their possession huge quantity of ganja in two bags with a view to sell it at Darjeeling More and its adjoining area and they could be caught red-handed if apprehended immediately. The aforesaid matter was diarised vide Pradhan Nagar P.S G.D Entry No. 694 dated 10th March, 2009. As instructed by the Inspector-in-Charge of Pradhan Nagar P.S SI Tapan Kumar Das along with ASI S. Kar and a team of police personnel left for the spot to work out the secret information. On the way two independent witnesses were called and informed about the secret information. They were requested to be witnesses to the search and seizure if necessary. At about 19.40 hours the team reached the spot and as identified by the source, they surrounded two persons standing at Darjeeling More in front of Labanya weigh bridge. On being interrogated the two persons disclosed their identity and stated that the bag carried by each of them contained ganja. Those two persons were then asked whether they wanted to be searched in presence of any Executive Magistrate or gazetted officer and they agreed. A notice was then served upon them. Since no Executive Magistrate was available in his office, Shri Swapan Kumar Ghosh, the Inspector-in-charge of Prodhan Nagar P.S was requested to come to the spot as gazetted officer for the purpose of conducting search and seizure. After the arrival of Inspector Swapan Kumar Ghosh, his identity was disclosed to the aforesaid persons where after their bag was searched in presence of the two independent witnesses and the gazetted officer. On search huge quantity of ganja was recovered from the two nylon bags. The two persons confessed that they procured the ganja for the purpose of selling and they failed to produce any document in support thereof. It was found that the ganja recovered from the possession of the appellant Gouranga Mondal weighed 6 kg 600 gms and the weight of the ganja recovered from the possession of the co-accused Sankar Mahanta weighed 6 kg 200 gms. S.I Tapan Kumar Das seized both the packets containing the ganja as mentioned and marked them as P-1 and P-2 respectively. He then drew two samples of 50 gms each from each of the aforesaid packets and packed, sealed and labelled them. He then packed, sealed and labelled the main packets and prepared seizure list in presence of the witnesses and the accused. Thereafter the accused persons were arrested after observing the required formalities.

(3.) On the basis of the FIR lodged by SI Tapan Kumar Das, Pradhan Nagar P.S Case No. 63 of 2009 dated 10/03/2009 under section 20(b)(ii) N.D.P.S Act was registered against the accused persons. Samples of the seized contraband were sent for chemical analysis. On conclusion of investigation, charge sheet was filed against the two accused persons under section 20(b)(ii) N.D.P.S Act. The learned trial court framed the charge for the offence punishable under section 20(b)(ii)(B) NDPS Act against the accused who pleaded not guilty to the arraignment and claimed to be tried.