SUVRA GHOSH,J. - (1.) The appeal is directed against judgment and order of conviction and sentence passed by the Learned Judge, Special Court, N.D.P.S Act, Nadia at Krishnanagar on 05-12-2014 whereby the learned trial Court convicted the appellants for commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and sentenced them to suffer rigorous imprisonment for a term of 10(ten) years and to pay fine of Rs. 1,00,000/- each, in default to suffer further rigorous imprisonment for one year. "On 05-06-2013 at about 22:15 hours Shyam Sundar Ghosh A.S.I of Police, Karimpur Police Station, Nadia along with Constable Jagabandhu Mondal, Home-Guard 154 Asit Ghosh and Police Driver CD/977 Manick Das left for night patrol duty vide G.D. Entry No. 208 in Government vehicle bearing no. WB-52D/9913 within the police area and in course of such duty on the State highway, saw a lorry stopping by the side of the highway about 500 meters away from Bajitpur culvert at about 00:15 hours on 06-06-2013. By the light of their vehicle, they saw two persons fleeing away towards the field into darkness and upon suspicion they approached the lorry but found no person inside the cabin or at the rear end of the lorry though the ignition key was in place. The team found six plastic bags in the rear portion of the vehicle smelling of ganja and on physical verification of one of the bags, confirmed presence of ganja therein. The persons fleeing away may have been the owner and the driver of the vehicle. The matter was reported to the Officer-in-charge, Karimpur Police Station and Circle Inspector, Karimpur and both of them reached the place of occurrence at 00:45 hours and 1:00 hours respectively. In compliance with the order of C.I. Karimpur, the complainant opened all the six bags and found ganja inside the bags. Each bag was found to weigh 24 kgs and the said articles were seized under proper seizure list. 100 grams of sample was taken from each bag and the lorry along with seized articles were taken to the Police Station where they were handed over to the Malkhana Officer. No local witness was found at such dead hour of the night."
(2.) Complaint was lodged before the Police Station by A.S.I Shyam Sundar Ghosh on the basis of which Karimpur P.S. Case No. 84 of 2013, dated 06- 06-2013 u/s 20(b)(C) of the N.D.P.S. Act, 1985 was registered. After conclusion of investigation, charge sheet was submitted against the appellants u/s 20(b)(C) of the N.D.P.S. Act. Charge was framed against the appellants u/s 20(c) of the N.D.P.S. Act. Substance of accusation was read over and explained to the appellants to which they pleaded not guilty and claimed to be tried. Accordingly, the prosecution examined 8 witnesses in support of its case and documents and seized articles were marked as Exhibits. 1 to 9 and Material exhibits I to XII/6 respectively. The defence case, as it appears from the trend of cross examination as well as statement u/s 313 of the Cr.P.C., is a denial of the prosecution case and a plea of innocence.
(3.) Upon consideration of the entire evidence on record, the learned trial Court convicted the appellants for offence U/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and sentenced them as aforesaid. Being aggrieved by and dissatisfied with the said judgment and order of conviction and sentence, the appellants have come up before this Court in appeal.;