Joymalya Bagchi, J. - (1.) The appellant was convicted for commission of offence punishable under Section 20(b)(ii)(c) of the NDPS Act for possession of 23.6 kgs. of ganja and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default to suffer rigorous imprisonment for two years.
(2.) The prosecution case as alleged against the appellant is to the effect that on 30.11.2009 at about 06.05 hrs. S.I. Sanjay Kumar Das of Siliguri P.S. received source information that a person was standing at Burdwan Road in front of Silpanchal Bhawan with huge quantity of ganja for the purpose of selling it to the general public. The informant informed the matter to I/c, Siliguri P.S. and other superior police officials. He also diarized the information as Siliguri P.S. G.D.E. No. 1685 dated 30.11.2009 and proceeded to work out the same along with other officials and independent witnesses. When they arrived at the spot, the source identified the person who was standing in front of Silpanchal Bhawan with a gunny bag. The police personnel surrounded him. On being questioned, the person identified himself as the appellant. They gave him option to be searched in presence of an Executive Magistrate or an gazetted officer. He expressed his desire to be searched in front of I/c., Siliguri P.S. The search was conducted in his presence and a large quantity of ganja was recovered from his gunny bag which weighed 23.600 kgs. They took two samples of 100 gms. each which were separately packed, sealed and labeled. The appellant was arrested. They took the seized contraband articles and the appellant to Siliguri P.S. On the basis of the complaint of P.W. 1, Siliguri P.S. Case No. 567/09 dated 30.11.2009 under Sections 20(b)(ii)(c)/22(c) of the NDPS Act was registered against the appellant.
(3.) In the course of trial prosecution examined nine witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by judgment and order dated 30.08.2010 convicted and sentenced the appellant, as aforesaid.;