SWAPAN DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for commission of offence punishable under Section 20(b) of the NDPS Act of 1985 for alleged possession of 4 Kgs. 100 Grams of ganja. He was sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more. It appears that the appellant has served out the sentence.

(2.) Ms. Debjani Sahu appears as amicus curiae and submits that the seizure was not effected in accordance with law. She also submits that the independent witnesses had turned hostile.

(3.) Mr. Ahmed appears for the State submits that the seizure has been proved beyond reasonable doubt and the appeal is liable to be dismissed.