Partha Sakha Datta, J. - (1.) The appellant Sukanta Ghosh alias Bapi, convicted under Section 20(C) of the NDPS Act, 1985 and sentenced to suffer Rigorous Imprisonment for 10 years and pay a fine of Rs. 1 lakh in default to suffer Rigorous Imprisonment for 2 years as recorded by learned Additional & Sessions Judge, 2nd Court, Jalpaiguri on 1.7.2005 in NDPS Case No. 3/04 arising out of N.J.P., G.R.P. Case No. 4/04 dated 2.2.04, has preferred the appeal on variety of grounds including the ground of misappreciation of evidence.
(2.) Jai Prakash Mourya, Sub-Inspector of the R.P.F. post at N.J.P. lodged a written complaint with the O.C., N.J.P., G.R.P.S. at 18.15 hrs. on 2.2.04 (Ext. 1) to the effect that pursuant to a secret information he along with R.P.F. pesonnel boarded the 2423 Dn. Rajdhani Express bound for New Delhi at N.J.P. Railway Station about 13.05 hrs. in AC coach No. 2 (A/2) and apprehended the accused who was seated on the berth No. 9 having confirmed ticket P.N.R. No. 6235-958652 from New Bongaigaon to New Delhi, and challenged the identity of the accused who on being questioned told that suitcases and bags contained books only. On being further questioned the appellant declared that the materials might be ganja contained in four bags which he was entrusted to deliver at New Delhi. Then with the assistance of the team the appellant was deboarded and the luggages were offloaded at the platform No. 1.
(3.) On receipt of this complaint the Inspector K. Bhutia recorded N.J.P., G.R.P.S. case No. 4/04 dated 2.2.04 under Section 20/21 of the NDPS Act and upon completion of investigation charge-sheet was submitted against the appellant under Section 20 of the NDPS Act.;