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2022 Supreme(Cal) 193

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Ishdan Seikh – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellants :Angshuman Chakraborty, Soumyajit Das Mahapatra, Ali Ahsan Alamgir, Riya Das, Rabia Khatoon, Advocates.
For the Respondents:Sagar Saha, Advocate.

JUDGMENT :

Joymalya Bagchi, J.

1. Appellants have assailed judgment and order dated 03.12.2019 and 04.12.2019 passed by the learned Judge, Special Court under NDPS Act-cum-learned Additional Sessions Judge, 12th Court, Alipore, 24- Parganas (South) in NDPS Case No.36 of 2015 convicting the appellants for commission of offence punishable under Section 22(c) read with Section 29 of the NDPS Act and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default, to undergo rigorous imprisonment for six months more.

2. Crux of the prosecution case is to the effect on 07.10.2013 Sri Debasish Chowdhury, Superintendent, Narcotic Control Bureau (PW3) received information two persons from Village: Baro Nalda, Dist.: Nadia will be coming to Sealdah station to deliver a consignment of preparation of ‘Alprazolam’ to others. The information was reduced into writing and submitted before the Zonal Director viz. Sri Subrata Biswas. Upon necessary movement order being obtained, a team comprising of Sri Debasish Chowdhury (PW3), Surajit Sen (PW2), Debasish Bhattacharjee (PW4) and others proceeded towards Sealdah Station. They reached the spot at 1:00 P.M. a

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