- (1.) This appeal is preferred by the appellants assailing the judgement and order of conviction and sentence dated 30.08.2013 and 02.09.2013 respectively passed by the Learned Judge, Special Court (under NDPS Act)-cum-Additional Sessions Judge, 3rd Court, Malda, in Special Trial No. 02 of 2012 arising out of Special Case No. 57 of 2011. By virtue of the impugned judgement the appellants were found guilty of the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) and accordingly convicted and sentenced to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. one lakh each and in default to undergo simple imprisonment for two years each.
(2.) The prosecution case, in brief, is as follows:- On 18.07.2011 at 22.45 hrs. P.W.1 by producing the appellants at English Bazar P.S. along with 27 kgs and 400 gms. of 'ganja' and a Matiz vehicle being No. WB74C/9888 lodged a written complaint there to the effect that on that date at 19.30 hours he had received a telephonic information from source that two persons were proceeding towards Lalgola, Dist. Murshidabad from Cooch Behar carrying Ganja in vehicle No. WB74C/9888 and would arrive at Rathbari, P.S. English Bazar at about 20.00 hours. Accordingly, he directed the source to wait at Rathbari More and informed the duty officer to diarise the information and to inform his superior officer. He himself also tried to contact S.D.O., Sadar Malda for the presence of an Executive Magistrate but could not contact him. He then left for Rathbari More along with P.W. Nos. 2, 3, 4 & 5 to work out the information and also contacted two local persons namely Chitta Hazra and P.W.8 and told them about the source information and requested them to remain present with them as witnesses and thereafter they ambushed at Rathbari More. At about 20.10 hours they found the vehicle coming towards Rathbari More on NH-34 and accordingly on being identified by the source he detained that vehicle near Traffic Office on NH-34 and found the appellants inside the vehicle. He, thereafter, contacted P.W.7, Dy. SP (D&T), Malda and also sent a written requisition through constable No. 610 Jakir Hossain requesting him to come to Rathbari More and accordingly at 20.50 hours P.W.7 came there. On interrogation appellants disclosed their identity.
(3.) Thereafter observing legal formalities search was made and three bags containing Ganja measuring 11 Kg 600 gms., 10 Kg 600 gms. and 5 Kg 200 gms. respectively were found in the vehicle. On demand appellants could not produce any valid documents in support of possessing/carrying such huge quantity of ganja and also failed to produce any valid documents in respect of use of the said vehicle.;