SUSHEN BHAKTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 08.09.2014 and 09.09.2014 passed by the learned Additional District and Sessions Judge, (Special Judge under the N.D.P.S. Act) 6th Court, Barasat, North 24 Parganas in connection with NDPS Case No. N-114 of 2013 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. 1,00,000/- in default to suffer further imprisonment for ten months.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 08.07.2013 at 21.35 hours during patrol duty, P.W. 4, SI Shyamal Banik received a source information over telephone that one Sushen Bhakta of Kestopur was standing under 206 foot bridge in a dark place of SA Block, SectorII, Salt Lake holding a nylon carry bag containing huge quantity of Ganja for sale. He brought the matter into the notice of I.C. Bidhannagar East Police Station and ACP BDN Commissionerate over telephone and as per order of ACP, Bidhannagar and I.C. Bidhannagar East Police Station, he along with S.I. Prasanta Kumar Paul, NVF0070 Sanjay Biwas, C/202 Palsh Ghosh all of Bidhannagar East Police Station left for 206 foot bridge, Sector-II, Salt Lake in Jeep No. WB-42S-0636 to work out the information after diarising such information as BDN East Police Station GDE No. 414 dated 08.07.2013. They took investigation kit, weighing balance and weights ranging from 5kgs. to 10 grams with them. On the way near No. 8 foot-bridge they met two persons and requested them to join the raid as independent witnesses. Thereafter the raiding party reached the spot at 21.50 hours. They found one person standing under the foot bridge in darkness with a plastic sack in his right hand in a suspicious manner. On seeing the police jeep he tried to flee away but he was apprehended. On interrogation he disclosed his identity as Sushen Bhakta and admitted that he was carrying Ganja with him. At around 210 hours he informed the I.C. this fact and requested him to come to the spot. At about 235 hours he prepared a inventory of articles possessed by them as well as the weightment chart. At 245 hours I.C. BDN East Police Station came to the spot. He offered the suspect to search the members of the raiding party. The suspect searched one of the officers and a nil search list was prepared. Thereupon, I.C. BDN East Police Station issued written notice to the suspect whether he wanted to be searched before a Magistrate or a Gazetted officer. Suspect opted to be searched before a Gazetted officer. Accordingly, in presence of I.C., BDN East Police Station, a Gazetted officer, the plastic woven carry bag containing huge quantity of Ganja in a polythene bag was recovered from the appellant. He failed to produce licence for carrying Ganja. As per order of I.C. Bidhannagar East Police Station he was arrested and the recovered Ganja upon weightment was found to be 21 kgs 600 grams. P.W. 4 took a sample of 100 grams from the seized contraband kept in a small polythene packet. Seized contraband kept along with the polythene packet which was marked as "A", while the sample packet of Ganja weighing about 100 grams taken out from the mother packet was marked as "B" and the plastic woven carry bag was marked as "C". They were seized, sealed and labelled separately. Witnesses and the appellant signed the seizure list and labels, etc.. Seizure was made between 00.35 hours to 01.15 hours. P.W. 4 took the appellant with the seized articles to the police station and lodged F.I.R. resulting in registration of BDN East, FIR 80 dated 09.07.2013 under Sections 20(b)(ii) of the N.D.P.S. Act. In the course of investigation the sample was sent for chemical examination and upon receipt of chemical examiner's report, charge-sheet was filed against the appellant under Section 20(b)(ii)(c) of the NDPS Act.

(3.) Charge was framed under the aforesaid provision of law.