Joymalya Bagchi, J. - (1.) The Appellant has been convicted for commission of offence punishable under Section 20(b)(ii)(c) of the NDPS Act and directed to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1 Lac, in default, to suffer rigorous imprisonment for two years more.
(2.) The prosecution case against the appellant is that the officers attached to NCB, EZU Kolkata conducted a search in the godown of the appellant at village Chak Ramnagar on 14.4.2004 and recovered four gunny bags of ganja weighing about 119½ kgs in all. Samples of 25 grams each were drawn from each gunny bag and separately packed, sealed and labelled. The seizure was effected in the presence of independent witnesses. The appellant gave a voluntary statement under Section 67 of the NDPS Act admitting to illicit trafficking in ganja and disclosed the complicity of Loknath Sarkar. The chemical report established that the seized contraband contained ganja.
(3.) On the basis of aforesaid facts, complaint was filed against the appellant under Section 20(b)(ii)(c) and against the appellant under Section 10(h)(ii)(c ) against Loknath Sarkar under Section 29 of the NDPS Act. In the course of trial, prosecution examined six witnesses and exhibited a number of documents. In conclusion of trial, the appellant was convicted and sentenced, as aforesaid. However, Loknath Sarkar was acquitted of the charge levelled against him. Ms. Biswas, learned counsel appearing for the appellant and Mr. Kabir as amicus curiae submitted that the seizure of the alleged contraband has not been supported by independent witnesses. It is further submitted that there are discrepancies in the evidence of the prosecution witnesses with regard to the factum of search and seizure.;