Sahidullah Munshi, J. - (1.) This appeal is against the judgment and order of conviction dated 6th May, 2014 and sentence dated 13th May, 2014 passed by the learned Judge, Special Court NDPS Act, Nadia, Krishnagar, in N.D.P.S. Case no. 17 of 2012 convicting and sentencing the appellant under Section 20(b)(ii)(b) of the NDPS Act. By the order of sentence learned Court below has sentenced the appellant to suffer rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh) only, in default to suffer simple imprisonment for further one year for the offence punishable under Section 20(b)(ii)(b) of NDPS Act.
(2.) The accused/appellant was in jail custody from 1st May, 2012 to 22nd July, 2014 and further after admission of appeal, appellant's application for suspension of sentence being CRA 2743 of 2014 was allowed by this Court by an order dated 22nd July, 2014, as a result whereof the appellant was released on bail pending hearing the appeal. In this case trial was started on the basis of a written complaint dated 1st May, 2012 filed by SI Partha Pratim Roy, Officerin-charge, Karimpur Police Station, Nadia, on the allegation that the complainant was apprehended by a raiding team led by the complainant and the sub-inspector, Karimpur, upon conducting raid apprehended the accused and recovered 16 kgs 200 gms of ganja from his possession which was being carried in a vehicle bearing no. WB 26 R/1103 without any valid paper to possess such narcotic substances. The said ganja was seized as per seizure list and upon taking sample packed, sealed and levelled, the complainant filed written complaint with Karimpur Police Station on the basis of which Karimpur PS case No. 77/2012 was started. After investigation was completed police submitted charge-sheet being no. 101/2012 against the accused persons for the offence punishable under Section 20(b)/29 of NDPS Act. Charge was framed against the accused persons for the offence punishable under Section 20(b)(ii)(b) of NDPS Act. The accused pleaded not guilty and claimed to be tried.
(3.) Prosecution examined 10 witnesses. The present appellant was tried with few other accused persons namely, Habul Mondal and Mukul Mondal. Habul and Mukul were found not guilty of the offences punishable under Section 20(b)(ii)(b) of NDPS Act and they were, accordingly, acquitted from the charges framed against them. The present appellant was convicted and sentenced as mentioned hereinabove.;