DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Biswajit Das – Appellant
Versus
State of West Bengal – Respondent
Md. Mumtaz Khan, J.
This appeal is preferred by the appellants assailing the judgement and order of conviction and sentence dated 30.08.2013 and 02.09.2013 respectively passed by the Learned Judge, Special Court (under NDPS Act)-cum-Additional Sessions Judge, 3rd Court, Malda, in Special Trial No. 02 of 2012 arising out of Special Case No. 57 of 2011. By virtue of the impugned judgement the appellants were found guilty of the offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) and accordingly convicted and sentenced to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. one lakh each and in default to undergo simple imprisonment for two years each.
The prosecution case, in brief, is as follows:-
On 18.07.2011 at 22.45 hrs. P.W.1 by producing the appellants at English Bazar P.S. along with 27 kgs and 400 gms. of 'ganja' and a Matiz vehicle being No. WB74C/9888 lodged a written complaint there to the effect that on that date at 19.30 hours he had received a telephonic information from source that two persons were proceeding towards Lalgola, Dist. Murshidabad from Cooch
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