ASHIM KUMAR BANERJEE.J:

1.FACTS :-

Bikash Chandra Kundu, Officer in-charge, Raghunathpur Police Station lodged a suo moto complaint against one Kurban Ansary, aged about 26 years alleging that Kurban was carrying 3 kgs. of Ganja and one improvised double barrel country made pipe gun loaded with two numbers of 303 cartridges and three extra cartridges apart from other articles noted in the FIR. The Officer in-charge, based on a source information, arrested Kurban while he was getting down from Burdwan-Purulia Passenger at Joychandi Pahar Railway station at about 11.50 hrs. On December 22, 2006 at about 12.20 hrs. the Police Force found one person coming towards metal road through Kachha road from village side with a jute hand bag in his hand who was identified as Kurban Ansary by the source. Moment he came near the Force, he was overpowered and the Force managed to apprehend him. Initially he was detained as he opted for being searched in presence of a gazetted officer or a Magistrate. Accordingly, the Circle Inspector and the S.D.P.O. were contacted. Ultimately, PW-2, an Executive Magistrate arrived at the spot. In his presence, the contraband goods were seized. The goods