NIRMAL KUMAR JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgement and order dated 29th July, 2008 and 30th July, 2008 passed by the learned Additional Sessions Judge, Special Court under N. D. P. S. Act, 1985 Cooch Behar in G. R. Case No. 45 of 2003.

(2.) The appellant was convicted under Section 20(b)(ii)(B) of the N. D. P. S. Act, 1985. The appellant was sentenced to six years rigorous imprisonment and also ordered to pay a fine of Rs.60,000/-. In default whereof he was to suffer further one year of rigorous imprisonment.

(3.) The prosecution case in brief is that Officer-in-Charge of Kotwali Police Station at Cooch Behar had received information on 24th of January, 2003 that the appellant/accused was found loitering suspiciously on a busy area close to a National Highway called 'Khagrabari Chowpathi'. On receipt of such information he formed a raid party and confronted the accused. The accused was stated to have been carrying a suit case (aristocrat brand). The bag was seized and opened when it was found that it contained a narcotic drug called ''Ganja". The weight of the drug was subsequently found to be 10 kgs. The appellant had disclosed that he was from the district of Midnapore in South Bengal. The appellant could not account for such illegal possession of contraband drug. A complaint came to be lodged and a G. D. E. was registered with Kotwali Police Station, Cooch Behar by one Anil Kumar Ghosh (PW 6), who was the Sub-Inspector of Police. The said document was neither named in the charge sheet nor produced in evidence in the trial. There is no evidence on record that the appellant was searched in person, while the same should have followed naturally.