Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 12.08.2008 passed by the learned Judge, Special Court under N.D.P.S. Act, Jalpaiguri in NDPS case no. 01 of 2007 convicting the appellants for the offence punishable under Section 20(a)(ii)(c) of the NDPS Act and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh, in default to pay the fine to suffer rigorous imprisonment for one year more.
(2.) The prosecution case, as alleged, against the appellants is to the effect that on 23.12.2006 at about 20.05 hrs. S.I. Rajen Chettri, O.C., N.J.P. (P.W. 2) received a secret information that one Shyamal Giri and Suresh Kumar were coming towards V.I.P. Road, N.J.P. with large quantity of ganja and they would have dinner at a restaurant at V.I.P. road. He diarized such information. Therefore, he along with other police officers left for V.I.P. road, N.J.P. to work out the information. They arrived at V.I.P. raod at 20.15 hrs and the appellants were identified source. They detained the appellants at 'Ma Kali Hotel'. Shyamlal Giri was carrying two V.I.P. suitcases covered with cloth and Suresh was carrying two nylon bages. On interrogation they disclosed their identities and also admitted that ganja was stored in the suitcases and the nylon bags. S.I. Ranjan Chettri asked them where they would like to be searched in presence of a Executive Magistrate or a senior police officer. They expressed desire to be searched before a senior police officer. S.I. Rajen Chetteri informed Swapan Kr. Das, D.S.P. over telephone and requested him to come to the place of occurrence. Upon search, 22.870 kgs. of ganja were recovered from two V.I.P. suitcases and 24.350 grms of ganja were recovered from two nylon bags. The appellants were arrested and on the written complaint of Rajen Chettri, Bhaktinagar P.S. Case No. 490/06 dated 23.12.2006 under Section 20(b)(ii)(c) was registered for investigation.
(3.) In the course of trial prosecution examined 18 witnesses and exhibited a number of documents. In conclusion of trial the trial Judge by judgement and order dated 12.08.2006 convicted the appellants as aforesaid.;