Joymalya Bagchi, J. - (1.) The appellant no.1 had been convicted for commission of offence punishable under sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) and was sentenced to suffer rigorous imprisonment for 12 years and to pay a fine of Rs.1,20,000/- (Rupees one lakh and twenty thousand) only, in default to suffer rigorous imprisonment for 2 years more while appellant no.2 was convicted for commission of the offence punishable under section 20(b)(ii)(C) of the NDPS Act and sentenced to suffer the same punishment as appellant no.1.
(2.) The prosecution case, as alleged, against the appellant and other coaccused persons is to the effect that acting on a specific intelligence, which was intimated to the superior officer, a group of officers attached to Narcotic Control Bureau, Eastern Zonal Unit, Kolkata (hereinafter referred to as "NCB") went to Birati More on Jessore Road on 11th July, 2002, around 2 p.m. to work out the said information. After some time a person came to the bus stop with cloth bundle on his right shoulder and he was intercepted. On being questioned, the person disclosed his identity as Biswanath Ghosh, appellant no.2 herein. NCB officers disclosed their identities and expressed their intention to search the cloth bundle which was carried by the suspect. The suspect further disclosed that he was carrying ganja inside the said bundle.
(3.) In presence of eyewitnesses as well as gazetted officer, the cloth bundle carried by appellant no. 2 was searched and a rectangular slab wrapped in black polythene was seized on the suspicion that the same was ganja. A portion of the slab when tested in the field test kit and it responded positive to the test of ganja. The incriminating article was weighed and was found to be 22.750 kgs. Ganja samples in duplicate in 25 gms. each were kept separately in separate envelopes with labels and sealed. Remaining portion of the article was seized under a seizure list and packed and labelled.;