- (1.) The subject matter of challenge in these appeals is a judgment and order of conviction dated August 6, 2007 and sentence dated August 7, 2007, passed by the learned Additional Sessions Judge-cum-Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act in G.R. Case No.446 of 2006. By virtue of the impugned judgment the appellants were convicted for commission of offence punishable under Section 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). By virtue of the impugned sentence Kalimuddin Mia and Mahesh Barman, appellants in CRA No.548 of 2007 and CRA No. 544 of 2007 respectively were punished to suffer rigorous imprisonment for twelve years each and to pay a fine of Rs.1 lakh each, in default, to suffer simple imprisonment for two years more. The period of detention which had been undergone during trial was directed to be set off accordingly.
(2.) The backdrop of these appeals is discussed below in a nutshell:- An FIR bearing no.99/06 dated November 18, 2006 of Tufanganj Police Station, Cooch Beher, year 2006, was lodged against the appellants for committing offence punishable under the provisions of Sections 20 (b) (ii) (c) of the NDPS Act.
(3.) According to the above FIR, one Sanjoy Dutta, Officer-in-Charge, Tufanganj Police Station, Cooch Behar (PW 1) received an information from secret source on November 18, 2006 at 17-55 hrs. that some persons had been proceeding from Balarampur and after crossing Balarampur ghat they would come to N.H.31 for proceeding towards Baxirhat with contraband articles "ganja" in a rickshaw van. The PW 1 diarised the above information bearing G.D.E. no.831 dated November 18, 2006. The PW 1 along with PW 3, PW 4, PW 8 and constable Ranjan Narginary went to National Club More situated on N.H.31 for apprehending the persons concerned.;