Amitabha Chatterjee, J. - (1.) This appeal is directed against the judgment and order of conviction dated 20.09.2014 and 22.09.2014 passed by the learned Additional District and Sessions Judge, 6th Court, Barasat, North 24 Parganas in NDPS Case No. N41/2009 convicting the appellant under Section 21(c) of the NDPS Act, 1985. By virtue of the impugned judgment, the appellant was convicted for commission of offence punishable under Section 21(c) of the NDPS Act, 1985. By virtue of the impugned judgment, the appellant Rafiq Qureshi is sentenced to suffer rigorous imprisonment for a term of 18 years and to pay fine of Rs. 2,00,000/- (rupees two lacs) only, in default to pay fine, he shall suffer imprisonment for 12 months more for offence under Section 21(c) of the NDPS Act. The period of detention undergone by the convicted was directed to be set off accordingly.
(2.) Seized Narcotics, the Motor Bike Being No. WB-26-E-4938 being the conveyance used to carry the said narcotics, the seized currency of Rs. 14,850/- presumed to be the sale proceeds of illicit business of narcotics, the seized mobile phone were also directed to be confiscated to state as per the provision of the NDPS Act after the period of appeal is over.
(3.) The prosecution case to put in brief is that acting on specific information which was duly reduced in writing and after obtaining proper movement order, batch of officers and staff including Lady Sepoy of NCB, EZU, Kolkata left the NCB office and proceeded to Bongaon at 19:30 hours on 05.04.2009 and reached at Chandpara at 1:00 hours on 06.04.2009 and halted there. Thereafter, from 10:00 hours on 06.04.2009, the NCB team ambushed on NH-34 near Bongaon Rail gate no.1. At about 15:00 hours on 06.04.2009, the NCB team noticed a person coming towards Bongaon from Chandpara side by riding on a Yamaha Motor Cycle. Since there was a specific information that the said person was carrying huge quantity of heroine, the person was stopped on NH-34 at Subhaspally area (about 100 meters away from Bongaon rail gate no.1) and encircled him. On being asked, the person disclosed his identity as Rafiq Qureshi.;