Indrajit Chatterjee, J. - (1.) This appeal has been preferred as against the judgement and order of conviction both dated 12 -03 -2014 as passed by the Learned Special Judge, 4th Court, Alipore, in S.T. No. 07(6) of 2012 (S.C. No. 01(5) 2012) in which the learned Trial Court was pleased to decide that both the accused appellants had committed the offence punishable under Sec. 20(b)(II)(b) of the N.D.P.S. Act and both the appellants were convicted and sentenced to suffer rigorous imprisonment for four years and further directed to pay fine of Rs. 10,000/ - each, in default to suffer simple imprisonment for further two months. The learned Trial Court further proceeded to say that no set off be allowed because of the bar under Sec. 32A of the said Act.
(2.) The case before the floor of the Trial Court which is necessary for appreciation of the appeal can be stated in brief thus: - "That one complaint was received by the Inspector -in -Charge of South Port Police Station, Calcutta, giving rise to that P.S. Case No. 77 dated 27 -02 -2012 disclosing an offence under Sec. 20(b)(II)(b) read with Sec. 29 of the said Act."
(3.) The complainant was one Kalyan Chatterjee, one S.I. of M.T.S/D.D., Lalbazar. In the complaint it was disclosed that he received one source information that some 'Ganja Sellers' would be coming from South Port Police Station area for selling 'Ganja'. He observed all formalities and took instruction from his superiors and thereafter, he went to that place, that is 9, Bhukailash Road along with the raiding team which consisted of S.I, Sujoy Dutta of M.T.S./D.D (P.W.3).;