- (1.) This revisional proceeding is directed against an order dated 18th September, 1985 passed in Criminal Appeal No. 17/85 by the learned Additional Sessions Judge, 9th Court, Alipore by which the learned Court below upheld the conviction of the petitioners Sahani Bibi and Akthari Begum under Section 46A(c) of the West Bengal Excise Act. But reduced the sentence awarded to R.I. for one year each. The sentence of fine of Rs. 2000/- in default of imprisonment remained untouched.
(2.) Shortly put the prosecution case against the petitioner is that they were arrested on 31.7.81 when they were found in unlawful possession of some non-duty paid Ganja at premises No. 7/2, Gas Street, Calcutta. The learned Court below considered the evidence on record and also the judgment of the learned trial Court and came to a finding that when there was no evidence to rope the male accused persons, the husbands of the present petitioners, against whom also a similar charge was framed like that of the petitioners and with this finding acquitted those two male accused. At the same time found that on consideration of the evidence on record the conviction upon the present petitioners must be upheld. Being aggrieved by such order, the petitioners have come up before this Court.
(3.) I have heard the submissions made by the learned Advocate for the petitioners. I have also carefully gone through the judgment and order passed by the learned Additional Sessions Judge. Broadly speaking it was urged before the learned Additional Sessions Judge in appeal that the room in which the alleged recovery was made was not sufficiently identified and there was discrepancy in describing the same. The Learned Judge did not consider the argument convincing at all and pointed out that both the petitioners were found packing Ganja and so the description of the particular room was of little consequence. He further pointed out that a raid was made, during the Ramjan month, at a time when the Muslim community (to which admittedly both the petitioners belonged) normally get up for taking Sehri (food before sunrise) and at that odd hour those two women were putting packets of Ganja in gunny bags and many loose packets were lying on the floor and elsewhere in the room. The learned Judge pointed out that this consistent version was given by all the Excise Officials and also one independent witness, namely, P.W.4 Sri Bhawani Shankar Pandey. The learned Judge also noted his reasoning why he should rely on the evidence of Shri Pandey although the said witness was a man of Moira Street which was far away from Gas Street, the place of occurrence. The learned Judge in the order impugned also indicated why he was inclined to accept that the petitioners were at least keeping and dealing with Ganja. He clearly rejected the defence contention that this story as introduced through evidence was intrinsically unreliable.;