Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated January 28, 2008 and January 29, 2008 respectively passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri in N.D.P.S. Case No. 6 of 2006 convicting him and one Sintu Biswas for commission of the offence punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as NDPS Act) and sentencing them to suffer rigorous imprisonment for 10 years each and also to pay a fine of rupees one lakh each in default to suffer rigorous imprisonment for two years each. The period of pre -trial detention undergone by the convicts were directed to be set off from the substantive period of sentence.
(2.) The backdrop of the case of prosecution is discussed in a nutshell hereunder: On April 18, 2006 at 17.45 hours a source information was received at NJP Out Post that two persons hailing from Cooch Behar had boarded a Setai -Siliguri route passenger bus bearing No. WP73A/1703 ('SIMRAN') from Mathabhanga with a huge quantity of ganja concealed inside 4 sacks of green chilly. The said information was diarised vide NJP OP GDE No. 775 dated April 18, 2006 and was passed on to C.I. Sadar, Jalpaiguri (PW 12). Thereafter, O.C. NJP out post, (PW 8) along with A.S.I.D. Mondal (PW 7), constable Dhiren Roy (PW 1), constable 1226 Suk Bahadur Subba and police driver Bablu Barman (PW 3) left for Tinbatti More to work out the said information. On reaching Tinbatti More the said bus arrived there at 18.10 hours. On enquiry with the conductor of the said bus about two passengers who boarded at Mathabhanga with sacks of green chillies, he showed the appellant and Sintu Biswas who were inside the bus. On interrogation appellant and Sintu Biswas told them that they were going to Siliguri with 04 sacks of green chillies and denied that they were carrying any ganja concealed in those sacks of green chillies.
(3.) On being identified by the accused persons namely the appellant and Sintu Biswas those 04 sacks of green chillies kept on the roof of the bus were brought down. After observing all formalities and after taking consent of the accused persons namely the appellant and Sintu Biswas, PW 8 opened those 04 jute bags containing green chillies in presence of P.W. 12 and witnesses namely driver of the bus (PW 9), conductor of the bus(P.W. 10) and one Dulal Saha and recovered two packets of ganja weighing approximately 4 kgs each, wrapped in an old Bengali newspaper with nylon strings from one of the first sack, two packets of ganja weighing approximately 4 kgs 250 gms each, wrapped in an old English newspaper with nylon strings, from the second sack, one packet of ganja weighing approximately 4 kgs, wrapped in an old Bengali newspaper with nylon string and one packet of ganja weighing approximately 4 kgs 250 grams from the third sack and one packet of ganja weighing approximately 4 kgs 750 grms., wrapped in an old Bengali newspaper, from the 4th sack. Samples of approximately 100 grams ganja from each packet were taken and thereafter articles were seized under a proper seizure list and the signatures of the witnesses and also the accused persons were taken over the same and those were sealed and labeled. Appellant and Sintu Biswas were then arrested and produced at the Bhaktinagar P.S. and a complaint was lodged there.;