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2018 Supreme(Cal) 806

JOYMALYA BAGCHI, RAVI KRISHAN KAPUR
Fakrul Islam @ Fakru @ Phakru – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Arnab Chatterjee, Adv., Arun Kumar Maity, Adv., Sanjay Bardhan, Adv., Kaushik Dey, Adv.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appeals are directed against the judgment and order dated 29/9/2015 passed by learned Judge, Special Court, N.D.P.S. Act, Siliguri in CR. (NDPS) Case No.12 of 2009 convicting the appellants for commission of offence punishable under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act and sentencing them to suffer rigorous imprisonment for 15 years and pay a fine of Rs.1 lakh, in default, to suffer rigorous imprisonment for 1 year for the offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act and to suffer rigorous imprisonment for 15 years and pay a fine of Rs.1 lakh, in default, to suffer rigorous imprisonment for 1 year for the offence punishable under section 29. Both the sentences shall run concurrently.

2. Prosecution case as alleged against the appellants is to the effect that on 12/5/2015 one S.K. Chakroborty (P.W.10), Deputy Director of Intelligence, Siliguri Regimal Unit, received information that a consignment of Ganja loaded in a tanker was supposed to go to Kolkata via Siliguri-Fulbari Bypass Road. Under his leadership Debasish Acharjee (P.W.1), Basudev Chakraborty, (P.W.2), Subir Kumar Jana, (P.W.3), Somit Das (P.W.4), Pankaj Kumar (











































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