A. B. MUKHERJEE, J.

( 1 ) THE appeal arises out of judgement and order dated 21-12-93 passed by the Ld. Additional Sessions Judge, 3rd Court, Howrah in T. R. Case No. , 4 of 1993 whereby the Ld. Judge convicted the accused appellant under Section 20 (b) (i) of the 'narcotic Drugs and Psychotropic Substance Act, 1985 herein after referred to as the Act and sentenced him to suffer R. I. for three (3) years and to pay fine of Rs. 5000/- in default to suffer further R. I. for two (2) months.

( 2 ) THE Prosecution Case in short is that on 11-1-1993 O. C. , E. I. B. , Howrah was on duty at Howrah Railway Station in its New Complex Building along with the Deputy Excise Collector, one A. S. I. and some Excise Constables. Around 1. 05 there was an announcement of the arrival of Down Coromondal Express to be placed at Platform No. 20. Accordingly the aforesaid Excise Personnel posted themselves towards the Engine side of the Platform in order to carry out their duty for prevention and checking of the offence under the Act. One of them namely Constable Bhuban Chandra Bera found the accused appellant going with a suitcase on his right hand and on suspicion he intercepted him. He called the O

Click Here to Read the rest of this document