Debasish Kar Gupta, J. - (1.) This appeal is preferred by the appellant assailing his conviction dated July 27, 2009, under Sec. 20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, 1985) and sentence dated July 28, 2009, of rigorous imprisonment for ten years and fine of Rs. 1 lakh in default to suffer simple imprisonment for one year more subject to Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) for setting off the period of detention passed by the Additional Judge Cum Judge Special Court under NDPS Act, 1985, Cooch Behar in NDPS Case No. 9 of 2008.
(2.) The backdrop of the case in the barest outline is stated as under: - - "The PW 2, (informant), posted at Tufanganj Police Station, Cooch Behar, at that material point of time, as Officer -in -Charge, received an information on March 12, 2008, at 04.15 hours, from one secret source over telephone that the appellant and one Gobinda Barman of Kamat Fulbari, had boarded a vehicle (a bus bearing registration No. WB -63/1842 and plying from Tufanganj to Siluguri under the name and style "Anandam" (hereinafter referred to as the said bus), from Deocharai More with huge quantity of contraband article "ganja" and they would proceed towards Siliguri. Immediately, he diarized the above information in General Diary of the above Police Station under entry No. 583. The Superintendent of Police, Cooch Behar, and Circle Inspector, Cooch Behar -Sadar, were informed of. He requested the Sub Divisional officer, Tufanganj, Cooch Behar, to depute one Magistrate in case of necessity. The PW 2 reached Chilkhana with his raiding team within 15 minutes."
(3.) The aforesaid raiding team intercepted and started searching the said bus at Chilakhana, District -Cooch Behar, at 05.15 hours on the same day. Recovered illicit article (ganja) from two bags kept on the roof -top of the said bus. The appellant was a passenger of the said bus and the aforesaid two bags were kept on the roof -top of the said bus by the PW 8 on the instruction of the appellant. The bags were opened in presence of the PW 14, the then Deputy Magistrate, Tufangunj Sub -Division, Cooch Behar and local people. Contraband article was found inside the aforesaid two bags. Weighment of the above contraband article was done in a computerized weighing machine of PW 11. From one of the aforesaid bags (a lylon DE=O=ON) two packets were recovered containing "ganja" measuring 12 kg 150 gms and 1 kg 100 gms respectively and two other packets were found inside the second bag (Corallite bag) containing "ganja" measuring 10 kg 450 gms and 1 kg 750 gms respectively, the appellant failed to produce any valid document in support of possessing and carrying the aforesaid illicit articles. Those articles were seized and labelled after preparing sample packets containing samples of 100 gms. each and seizure lists obtaining signatures of PW 7 and PW 8 as witnesses in presence of the PW 14, the then Deputy Magistrate, Tufangunj Sub -Division, Cooch Behar. The appellant was arrested in presence of witnesses. The aforesaid articles were also seized in presence of the witnesses. A rough sketch map of the place of occurrence was prepared. Photograph of the accused person and the seized bags along with others was taken with the help of Digital Camera. Personal properties, namely Rs. 2,992/ - in Indian currency and a Samsung Mobile Phone with Sim No. 9734997505 were also seized.;