- (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judgecum- Judge Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter described for convenience as N.D.P.S. Act. finding thereby the Appellant Makhan Barman guilty of the offence Under Section 20 (b) (ii) (C) of the N.D.P.S. Act and sentencing the Appellant to suffer R.I. for 10 (ten) years and pay fine of Rs. 1,00,000.00 (rupees one lakh only) I.D. to suffer R.I. for one year more, in G.R. Case No. 274 of 2007. The judgment of conviction was passed on 19.07.2008 and the sentence was passed on 21.07.2008.
(2.) The facts behind, stated briefly, are as follows:- On 06.06.2007 C.I.D. Inspector, Cooch Behar, Inspector P.S. Majumder received a secret information that a huge quantity of Ganja had been stored in the house of the Appellant at village RuerKuthi under P.S. Dinhata, Cooch Behar and hence on the same day Inspector P.S. Majumder alongwith some other police personnel being accompanied by 2 (two) neutral witnesses raided the house of the Appellant after observing all the legal formalities and recovered from the house of the Appellant Ganja in 14 (fourteen) packets kept in the plastic packets inside a room in the house of the Appellant. The total weight of the goods was about 53 Kg and 500 Gm for which the Appellant could not offer any explanation whatsoever. All those goods had been weighed on the spot, seized, a seizure list prepared and labels pasted on all those seized packets. Samples had been separately preserved and after all those acts Inspector P.S. Majumder arrested the Appellant, took him to the local Police Station and thereafter Inspector P.S. Majumder submitted a written complaint narrating all the aforesaid facts, on the basis of which Dinhata P.S. Case No. 242 of 2007 had been registered against the Appellant under the provisions in N.D.P.S. Act and the case was endorsed to S.I., S. GuhoChowdhury of Dinhata P.S. for investigation, and the Appellant had been forwarded to the Court in usual course. After completion of investigation, charge-sheet had been submitted against the Appellant.
(3.) Considering the materials collected during the investigation, charge Under Section 20 (b) (c) of the N.D.P.S. Act had been framed against the Appellant and the Appellant pleaded his innocence and claimed trial. False implication was the only plea of the Appellant all along.;