SAMIR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON November 9, 2004 at about 11. 00 a. M. Shri Parthasarathi Mazumdar, a police officer attached to Alipurduar P. S. received a telephonic information that four persons assembled at Assam Gate with Canabis (Ganja)in a V. I. P. suitcase and kid bag. He entered the information in the general diary and left for the place of occurrence along with Shri t. K. Das, Sub-inspector and Pasang Tamang, assistant Sub-inspector and other police constables. After arrival, they found that four persons were standing with V. I. P. suitcase andkit bag.

(2.) ON disclosure of their identity they asked the persons to opt as to whether they would offer their belongings to be searched by the police authority. The said persons demanded presence of gazetted officer and accordingly the police party requested Sub-Divisional magistrate, Alipurduar to depute an Executive magistrate for the said purpose. Accordingly at about 11:50 A. M. Shri Kajal Kumar Roy, learned Sub-Divisional Executive Magistrate, alipurduar arrived at the place of occurrence and in his presence the police party searched the belongings of the persons and recovered 20 Kgs of Canabis from the suitcase and 10 kgs. from the kit bag. The materials were sealed and labelled in presence of the witnesses along with the suitcase and the kid bag.

(3.) ALL the four persons were arrested and p. S. Case No. 246 of 2004 was initiated as against the said accused under Section 20 (b)of the Narcotic Drugs and Psychotropic substance Act, 1985 (hereinafter referred to as the N. D. P. S. Act ). Formal charge was framed under Section 20 of the said Act as against the accused who pleaded not guilty and claimed to be tried. A trial was held by the Additional Sessions Judge, 2nd Court, jalpaiguri as against the said four accused being the appellants above named. The learned Sessions Judge held them guilty of the offence and sentenced them for rigorous imprisonment for ten years along with a fine of Rs. 1 lakh each and, in default, to suffer rigorous imprisonment for one year.