KURBAN ANSARI Vs. STATE OF WEST BENGAL

LAWS(CAL)-2010-9-42

HIGH COURT OF CALCUTTA

Decided on September 02,2010

KURBAN ANSARI Appellant

VERSUS

STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) FACTS :- Bikash Chandra Kundu, Officer in-charge, Raghunathpur Police Station lodged a suo moto complaint against one Kurban Ansary, aged about 26 years alleging that Kurban was carrying 3 kgs. of Ganja and one improvised double barrel country made pipe gun loaded with two numbers of 303 cartridges and three extra catridges apart from other articles noted in the FIR. The Officer in-charge, based on a source information, arrested Kurban while he was getting down from Burdwan-Purulia Passenger at Joychandi Pahar Railway station at about 11.50 hrs. On December 22, 2006 at about 12.20 hrs. the Police Force found one person coming towards metal road through Kachha road from village side with a jute hand bag in his hand who was identified as Kurban Ansary by the source. Moment he came near the Force, he was overpowered and the Force managed to apprehend him. Initially he was detained as he opted for being searched in presence of a gazetted officer or a Magistrate. Accordingly, the Circle Inspector and the S.D.P.O. were contacted. Ultimately, PW-2, an Executive Magistrate arrived at the spot. In his presence, the contraband goods were seized. The goods were initially weighed with the help of the weighing instrument taken from a road side shop. The Ganja was in a plastic packet wrapped with newspaper. Sample of 200 grams was drawn and sent for chemical examination. The seizure was conducted in presence of Chatu Mahato and Kartik Mahato being PW-3 and 5. Ansary was charged under Section 20(b) of N.D.P.S. Act and 25 (i) (a) /27 of the Arms Act. Kurban denied the charge and opted to be tried.
(2.) PROSECUTION WITNESS :- PW-1 (Bikash Chandra Kundu) :- The witness was the then officer in-charge of Raghunathpur Police Station. He lodged the suo moto complaint. He narrated in detail the incident which was consistent with his FIR. In cross-examination he pleaded his ignorance about the political affiliation of the accused and/or the seizure witnesses. With regard to weighment, the witness deposed that scale produced at the scene of occurrence for weighing was having units of 2 kgs. to 100 grams. Weighment was done at a time. He admitted that there was no seal on the cover. He however categorically stated that the learned Magistrate was all through out present at the time of seizure. The seizure was done in his presence. PW-2 ( Achchutananda Majumdar) :- The witness was the Deputy Magistrate working at Raghunathpur Subdivision. On December 22, 2006 he was also through out present during search and seizure. He deposed that three packets were shown to him by the Police. He did not open the same and he was told that it contained Ganja. He put his signature on the seizure list. On being asked by the S.D.O. he went to the spot and assisted the Police Force. He visited the place of occurrence on being accompanied by the vehicle belonged to S.D.P.O. PW-3 (Chatu Mahato) :- This witness was a resident of Chunabhati, Adra. He was going to Raghunathpur from Adra when he found two motor bikes standing on the kachcha road by the side of village Joychandi. He also noticed five persons who, all on a sudden, tried to flee away, one of them could be apprehended. His elder brother Kartick Mahato accompanied him and told him that the person apprehended was Kurban Ansari. He identified the appellant on the dock. His brother Kartick had acquaintance with the Officer in-charge of Raghunathpur Police Station. He found a gunny bag in the hand of Kurban. Gunny bag was opened in presence of Police Personnel as well as "Magistrate Saheb ". On opening the bag Ganja was found covered with a newspaper along with one two barrel-gun loaded with ammunitions as also live cartridges. He identified the material exhibits. The Ganja was weighed as three kgs. The Police prepared the seizure list and he became a witness thereof. In cross-examination he admitted having a criminal case pending against him at Raghunathpur Court. PW-4 (Basudev Ghosh) :- The witness was the Sub-inspector posted at Raghunathpur Police Station. On December 22, 2006 he was a member of the raiding party. He narrated in detail about the incident consistent with Shri Bikash Chandra Kundu, the Officer in-charge as well as PW-2 and PW-3 being the learned Magistrate and the seizure witness. PW-5 (Kartik Mahato) :- Kartik also corroborated the other witnesses including his brother being PW-3. He also admitted having a criminal case against him. PW-6 (Madhu Sudhan Mondal) :- The witness was tendered for cross-examination. PW-7 (Joynal Molla) :_ The witness was another constable and was a member of the raiding party. He corroborated the other eye-witnesses. Cross-examination was declined. PW-8 (Prabodh Kumar Mondal) :- The witness was Assistant Sub-Inspector of Police attached to Raghunathpur Police Station. He was also a member of the raiding party. He prepared the seizure list. He deposed that the Police Force arranged weighment instrument from a nearby shop belonging to one Madan Nag. According to him, the weighment units were from two killo grams to fifty grams. He also deposed having weighed the Ganja on two occasions. PW-9 (Navayan Chandra Mahato) :- Shri Mahato was the Sub-inspector of Police attached to Raghunathpur Police Station. he was the Investigating Officer. He recorded the statement of the witnesses under Section 101 of the Criminal Procedure Code. He sent the sample for chemical examination. He also sent the arms for examination by the arms expert. He collected report of the experts which were tendered in evidence through him subject to objection.
(3.) EXAMINATION OF THE ACCUSED :- The appellant was placed with all incriminating evidence that came out during trial. He denied the charges and pleaded innocence.;

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