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2019 Supreme(Cal) 809

JOYMALYA BAGCHI, MANOJIT MANDAL
Ashit Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Prabir Majumder, Snehangsu Majumder.
For the Respondents: Sanjoy Bardhan, Saryati Dutta.

JUDGMENT :

MANOJIT MANDAL, J.

1. These two criminal appeals are directed against the judgment and order of conviction and sentence dated 21.05.2012 and 22.05.2012 respectively passed by learned Judge, Special Court, N.D.P.S. Act, Nadia at Krishnagar in N.D.P.S. Case No. 24 of 2011 convicting the appellants under Section 20(b)(ii)(c)/29 of the N.D.P.S. Act and sentencing them to suffer rigorous imprisonment for 10 years and also to pay fine of Rs. 1,00,000/- (Rupees One Lakh only) in default to suffer rigorous imprisonment for 2 years.

2. On the basis of the written complaint (Ext.3) lodged by PW-1, Kanchan Roy Mukherjee, S.I. of Police, Kotwali Police Station, District-Nadia, the instant case was registered.

It is alleged in the FIR that on 24.03.2011 at 17:55 hours PW-1 received secret information that clandestine and illegal business of narcotic drugs (Ganja) cannabis is taking place in Anandamayeetala area under Police Station Kotwali, Nadia. The information was diarised and Superior Officer was intimated and on receiving necessary order, S.I. of police Atanu Banerjee (PW-2), police driver Swapan Malo (PW-3), homeguard Gopal Das (PW-4) led by PW-1 proceeded to conduct a raid. On arr

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