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2022 Supreme(Cal) 298

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Amit Dutta Alias Rakesh – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sudipto Moitra, Ld. Sr. Adv., Mr. Angshuman Chakrabotry, Adv., Mr. Vijay Verma, Adv. Mr. S. S. Saha, Adv., Mr. Dwaipayan Biswas, Adv., for the Appellant; Mr. Sanjoy Bardhan, Adv., Mr. Ashok Das, Adv., Ms. Baishakhi Chatterjee, Adv., for the Respondent

JUDGMENT

Debangsu Basak, J. - The appellants have assailed the judgement of conviction dated August 24, 2021 and the order of sentence dated August 26, 2021 passed by the learned Additional District and Sessions Judge, 12 Court, Judge, Special Court under NDPS Act in Sessions Trial No. 09 (04) 2019 arising out of Sessions Case No. 04 (12) 2018 convicting the appellants under section 21 (c)/29 of the Narcotics and Psychotic Substances Act, 1985.

2. According to the prosecution, the appellants had been found in front of a shop under the name and style of Laksmi Store at CZ-24, Metropolitan, under Pragati Maidan police station at the intervening hours of July 16, 2018 and July 17, 2018 in between 22:20 hours to 00:30 hours carrying and possessing heroin of about 255 grams in aggregate without any valid license or document in violation of the Act of 1985 with the common intention and in a criminal conspiracy with each other, thereby committing an offence punishable under Section 21 (c)/29 of the Act of 1985.

3. Learned senior advocate appearing for the appellants has contended that, the prosecution had failed to establish the case beyond reasonable doubt. The prosecution has not been able

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