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2022 Supreme(Cal) 935

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Abhijit Das – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Fazlur Rahaman, Advocate, Ms. Krishna Yadav, Advocate. Navanil De, Advocate (Amicus Curiae), for the Appellant; Mr. Swapan Banerjee, Ld. A.P.P, Mr. Suman De, Advocate, Mr. Neguive Ahmed, Ld. A.P.P, Mr. Sanjay Bardhan, Advocate, Ms. Amita Gaur, Advocate, for the Respondent

JUDGMENT

Joymalya Bagchi, J. - Appeals are directed against the judgment and order dated 29.06.2015 and 30.06.2015 passed by learned Judge, Special Court under N.D.P.S. Act and Additional Sessions Judge, 12th Court, Alipore, 24-Paraganas, South in Sessions Trial No. 02(08)2013 arising out of Sessions Case No. 01(07)2013 convicting the appellants for commission of offence punishable under Sections 20(b)(ii)(C) read with Section 29 of the N.D.P.S. Act and sentencing them to suffer rigorous imprisonment of 12 years each and to pay a fine of Rs. 2,00,000/- each in default, to suffer further rigorous imprisonment for two years more.

2. Prosecution case, as alleged against the appellants, is to the effect that P.W.2 Priyanka Mondal who was attached as S.I. Thakurpukur police station received credible information on 10.04.2013 around 12.10 p.m. that suppliers of ganja from Nungi Batanagar would be coming in a Mahindra Maxim car bearing No. WB 41F 7383 and would be passing through Bagpota main road. She reduced such information into writing and sought permission from the Deputy Commissioner of Police, South West Division, Behala, Kolkata to conduct raid. Upon receipt of permission, P.W. 1 di

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