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2015 Supreme(Cal) 486

DEBASISH KAR GUPTA, MUMTAZ KHAN
Kalimuddin Mia – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT :

Debasish Kar Gupta, J.

The subject-matter of challenge in these appeals is a judgment and order of conviction dated August 6, 2007 and sentence dated August 7, 2007, passed by the learned Additional Sessions Judge-cum-Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act in G.R. Case No.446 of 2006. By virtue of the impugned judgment the appellants were convicted for commission of offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). By virtue of the impugned sentence Kalimuddin Mia and Mahesh Barman, appellants in CRA No.548 of 2007 and CRA No. 544 of 2007 respectively were punished to suffer rigorous imprisonment for twelve years each and to pay a fine of Rs.1 lakh each, in default, to suffer simple imprisonment for two years more. The period of detention which had been undergone during trial was directed to be set off accordingly.

2. The backdrop of these appeals is discussed below in a nutshell:

An FIR bearing No. 99/06 dated November 18, 2006 of Tufanganj Police Station, Cooch Beher, year 2006, was lodged against the appellants for committing offence punish































































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