- (1.) THIS appeal arose out of the judgment and order of conviction dated 29.11.2011, 30.11.2011 and 09.12.2011 passed by the learned Judge, Special Court under NDPS Act Cum - ADJ, 3rd Court, Howrah in T.R. No. 11 of 2010 convicting the appellant under section 20(b)(ii) of the NDPS Act and sentencing him accordingly.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : On 8.6.2010 at 20 -50 hours, SI Tarun Kr. Paul of Domjur P.S., District - Howrah received a telephonic information from a source that one person is selling ganja at an open place at Domjur Auto stand by the side of Howrah Amta Road. The information was diarised vide Domjur P.S. GD Entry No. 574 dated 9.6.2010 and after informing I/C Domjur P.S., Sri Shekhar Roy, the police team being led by S/I Tarun Paul being accompanied by ASI Goutam Karmakar and some other police personnel proceeded towards the place of occurrence. At 20:55 hours three public witnesses viz. Gorachand Patra, Pradip Saha and Gobinda Das were asked to accompany them after briefing them the reason for doing so and they agreed. Then the police team along with the public witnesses proceeded and found 2/3 persons standing besides Howrah Amta Road just by the side of Domjur Auto Stand. As the police team chased them, two persons fled away and one person could be apprehended who had one old nylon bag in his left hand grip. The said person disclosed his name as Swapan Ghosh @ Babu Ghosh. S/I Tarun Kr. Paul immediately informed I/C Domjur P.S. Sri Shekhar Roy, who arrived at the PO at 21:05 hours. He introduced himself as a Gazetted officer to the apprehended person. When option was given to the accused person to be searched before a Magistrate or a Gazetted Officer, he declined to be searched in present of a Magistrate and thereafter I/C, Domjur P.S. directed S/I Tarun Kr. Paul to conduct search and on search 3 kg. ganja wrapped in a Bengali newspaper was recovered from a nylon bag and cash of Rs. 10,000/ - as sale proceeds of ganja and out of that, 200 gm. of ganja was taken out as sample.
(3.) BOTH the sample ganja and main alamat were sealed and packed at the spot after preparation of seizure list in presence of witnesses and accused and duly signed by them. One copy of seizure list was supplied to the accused person. A written complaint was lodged. After investigation, police has submitted charge -sheet against the accused person under section 20(b) of the NDPS Act. The contents of the charges were read over and explained to him when the accused person pleaded not guilty and claimed to be tried.;