MUSTAFA SK & ANR Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-1-115
HIGH COURT OF CALCUTTA
Decided on January 20,2018

Mustafa Sk And Anr Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Joymalya Bagchi, J. - (1.) The appellants were convicted for commission of offence committed under Section 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act and sentenced to suffer rigorous imprisonment of 7 years each and to pay a fine of Rs.1 lac each, in default, to suffer rigorous imprisonment of one year more.
(2.) Prosecution case as alleged against the appellant is to the effect that on 30.10.2005 in between 17.25 hours and 18.10 hours Police Officer intercepted a bus bearing registration mark WB-37A/1903 coming towards Calcutta near Hudco Housing Estate on VIP Road under Manicktala Police Station and upon search 15.5 kgs of ganja was recovered from appellant no.1 and 9 kgs of ganja was recovered from appellant no.2. On the complaint of SI Subrata Dey, of Manicktala Police Station, the instant case was registered.
(3.) Appellants are unrepresented. Mr. Anwar Hossain as amicus curiae submitted that the seizures of narcotic substance have not been proved in accordance with law. On the other hand, Ms. Faria Hossain with Mr. Palash Chandra Majhi appearing for the State submitted that the evidence of the prosecution witnesses established its case beyond reasonable doubt.;


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