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2022 Supreme(Cal) 266

JOYMALYA BAGCHI, ANANYA BANDYOPADHYAY
Gopal Teli – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant :Sandipan Ganguly, Ld. Sr. Advocate, Partha Pratim Das, Dipanjan Dutt, Sabyasachi Banerjee, S. Bhattacharjee, Manajit Singh, Atarul Hoque Molla, Biswajit Mal, Ganganjyot Singh, Advocates.
For the Respondent:Kallol Kumar Basu, Rajesh Kumar Shah, Advocates.

JUDGMENT :

Joymalya Bagchi, J.

1. Appeals are directed against judgment and order dated 27.03.2015 and 30.03.2015 convicting Rabi Sekhar Pandey (appellant in Criminal Appeal No. 250 of 2015), Gopal Teli and Shyam Lal (appellants in Criminal Appeal No. 247 of 2015) for commission of offence punishable under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act and appellant Biswanath Adhikary @ Bishu (appellant in Criminal Appeal No. 238 of 2015) and Bapi Dey @ Buro (appellant in Criminal Appeal No. 237 of 2015) for commission of offence punishable under Section 21(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act and sentencing all of them to suffer rigorous imprisonment for 18 years each and to pay a fine of Rs.2 lakh each, in default, to suffer imprisonment for 12 months more.

2. Prosecution case as alleged against the appellants is to the effect that on 31.12.2008 at 4:00 p.m., Bibhas Mondal (P.W. 1) and Sankar Das Sinha (P.W. 8), Intelligence Officer attached to N.C.B., Kolkata received information and recorded that 36 kgs. of good quality of heroin would be transported in a vehicle which would reach Panagarh, Burdwan in the midnight at 31

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