Joymalya Bagchi, J. - (1.) The Appeal is directed against the judgement and order dated 28.09.2007 passed by Additional Sessions Judge, Second Court, Jalpaiguri convicting the appellants for commission of offence punishable under Section 20 of the N.D.P.S. Act and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.1,00,000/- each; in default to, suffer rigorous imprisonment for six months more.
(2.) The prosecution case, as alleged, against the appellants is to the effect that on 14.12.2003 S.I. Pankaj Thapa, Officer-in-charge, Baravisa out post P.S. Kumargram, along with officers were engaged in nake duty on N.H. 31(C), near Jorai Bridge they stopped one siliguri bound bus bearing no. WB-73A/0532 and while checking the dicky they detected ganja cubes concealed in black rexin bags and on being questioned the Khalashi namely, Samsul Haque replied that the bags belonged to two passengers viz. Shyam Singh son of Yama Singh and his wife Nawao Devi, the appellants herein. On demand both of them failed to produce any document in support of their possession of ganja. On interrogation, they stated that the bags containing ganja cubes were loaded in the dicky of the bus with the consent of the bus driver, Dinesh Das and the said Khalasi. Ganja cubes with the rexin bags were seized by S.I. Pankaj Thapa under a seizure list in the presence of Executive Magistrate, Alipurduar and two local witnesses Ratan Pal and Ranjit Sarkar. The vehicle was also seized and driver Dinesh Das, his conductor Chattu Roy, and khalasi Samsul Haque alongwith the appellants were arrested and criminal case being Kumargram P.S. Case No. 36, dated 14.12.2003 under section 20 N.D.P.S Act was registered against them. In the course of trial, prosecution examined ten witnesses. The defence of the appellant was one of the innocence and false implication. It was also the defence of appellant no. 2 that she was a minor at the time of occurrence. In conclusion of trial learned Judge by judgement and order dated 28.09.2007 convicted and sentenced the appellants, as aforesaid. However the other accused persons were acquitted of the charges levelled against them.
(3.) Nobody appears on the bahlf of the appellant. Mr. Partha Pratim Das, learned counsel is requested to appear as amicus curiae in the matter.;