Tapash Mookherjee, J. - (1.) The present appeal is directed against the judgment and order dated 04.08.2007 and 06.08.2007 respectively passed by the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter described for convenience as N.D.P.S. Act, at Suri, Birbhum in C. Case No. 05/1993. By the said judgment and order learned Trial Court found the Appellant guilty of the offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act and sentenced the Appellant to suffer R.I. for ten years and to pay fine of Rs. 1,00,000.00 (rupees ten lakh only) I.D. to suffer R.I. for two and a half year more. Being aggrieved by and dissatisfied with such judgment of conviction and order of sentence the accused Ramapada Saha alias Munnalal Saha filed in the present appeal.
(2.) THE facts leading to the appeal briefly stated are as follows: - On the basis of a secret information, a team of Intelligence Officers of the Directorate of Revenue Intelligence, Beharampore Cell, Murshidabad raided in the house of the Appellant at Nalhati, District Birbhum in the morning of 25.07.1993 and during such raid they found 33.7 kg of Ganja kept in different containers inside a bed room in the house. The entire quantum of Ganja thus recovered from the house of the Appellant had been instantly seized through a seizure list, and samples of the seized Ganja had been drawn and preserved separately in presence of the witnesses and after such acts of search and seizure the Appellant was taken to the office of the seizure -team at Beharampore. Notice was served upon the Appellant under Section 67 of the N.D.P.S. Act and the Appellant thereafter made a statement confessing his guilt. The samples of the seized articles had been sent to F.S.L. and the report confirmed that they were 'flowering tops of Cannabis Plant Ganja'. An inventory of the seized articles had been done subsequently by Judicial Magistrate and after completion of all statutory acts a P.R. had been submitted against the Appellant according to law in usual course. Subsequently, trial commenced against the Appellant in the Court of the learned Special Judge under N.D.P.S. Act at Suri, Birbhum framing a charge under Section 20(b)(ii)(c) of the N.D.P.S. Act against the Appellant.
(3.) THE appellant denied the charge and pleaded his innocence.;