MD.MUMTAZ KHAN, J. - (1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction dated August 29, 2013 as also the sentence dated August 30, 2013 passed by the learned Judge, Special Court under NDPS Act, Howrah in T.R. No. 8 of 2012. By the virtue of the impugned judgement appellant No. 1, Anil Kumar has been convicted and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/ - in default to suffer rigorous imprisonment of one year more for the offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and the appellant No. 2, Meherunnessa has been convicted and sentenced to suffer rigorous imprisonment for 4 years and to pay fine of Rs. 25,000/ - in default to suffer rigorous imprisonment of six months for the offence punishable under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) and the period of detention already undergone by them was directed to be set off under Sec. 428 of the Criminal Procedure Code (hereinafter referred to as the Cr. P.C.). The prosecution case, in brief, is as follows: - - "On February 18, 2012 P.W.1 along with C -10283, K.C. Naskar and LC -12461, Aparna Kaity (P.W.4) under supervision of IC/RPF/Asst -Booth No. -9/Howrah, kept a secret watch near the entrance of gate No. 4 & 5. At about 15.40 hours CCTV staff C -10967, B. Mukherjee informed about the presence of two suspected persons (one lady and one gent) in between gate No. 3 & 4 beside the ticket vending machine of Old Complex Howrah Railway Station. On reaching at the spot they found the appellants with 3 number of luggages outside gate No. 3 & 4. On being asked appellants disclosed their identity and admitted that the bags in their possession contained ganja. A requisition was sent to Sri Anil Bhalerao, ASC/Howrah, Gazetted Officer, (P.W.5) to attend the place of occurrence who came there. Appellants were then apprised about the search of their luggages in presence of the Gazetted Officer and search of the bags were conducted and 23 kgs. of ganja contained in two different bags were found from the possession of appellant No. 1 and 6.70 kgs. of ganja leaves wrapped in poly pack contained in olive colour big bag was found from the possession of appellant No. 2. Those articles were then seized at the spot under seizure list after taking their weighment in presence of two independent witnesses (P.W.2 & P.W.3) and ASC/HWH -1 (P.W.5) and were labeled. Samples were also collected from the seized bags and those were also labeled and the appellants were taken into custody and a complaint was lodged at Howrah GRPS by P.W.1."
(2.) On the basis of that complaint, P.W.7 started Howrah GRPS case No. 36/12 dated 18.2.2012 against the appellants under Sec. 20(b) of the NDPS Act and endorsed the case to P.W.8 for investigation who then after completion of investigation submitted charge sheet No. 49 of 2012 dated April 15, 2012 against the appellants under Sec. 20(b) of the NDPS Act.
(3.) Charges were framed on August 7, 2012 under Sec. 20(b)(ii)(C) of the NDPS Act against the appellant No. 1 and under Sec. 20(b)(ii)(B) of the NDPS Act against the appellant No. 2 and after they denied their involvement in the crime, trial commenced. Prosecution examined 08 witnesses and produced certain documents and articles which were marked as Exts. 1 to 11 and Mat. Exts. I to XII for the prosecution while on the other hand one seizure list and a zimmanama were marked as Exts. A and B for the defence. Thereafter on completion of trial and after examining the appellants under Sec. 313 Cr.P.C. learned court below passed the impugned judgment and order.;