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2022 Supreme(Cal) 1094

BIBHAS RANJAN DE
Manik Das @manik Chandra Das – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Shekhar Bose, Sr. Adv Mr. Apalak Basu, Ms. Pritha Bhaumik Mr. Nazir Ahmed, Ms. Snehal Seth, for the Appellant; Mr. Y.J. Dastoor, Ld. A.S.G Mr. Phiroze Edulji, Ms. Amrita Pandey, for the Respondent

JUDGMENT

Bibhas Ranjan De, J. - Facts In Brief:

1. (i) On 07.04.2021 one Sanjiv Kr. Intelligence Officer, Narcotics Control Bureau (NCB) attached to Kolkata Zonal Unit (KZU) received information in relation to trafficking substantial quantity of 'Ganja' by one Susanta Dey allies Ravi and Manik Chanrda Das with a car namely TATA ACE GOLD bearing Reg. No. WB 25J 4944 likely to be unloaded in the house of said Susanta Dey and then to supply to one Asim Mirdha.

(ii) The said information was reduced into writing and after intimating superior Officer a team of NCB Officers led by Superintendent, NCB (KZU), reached near the vicinity of the house of Susanta Dey at 20.15 hrs. At about 20.45 hours they found the said vehicle approaching the house of Susanta Dey. Thereafter two persons got down from the drivers cabin and started unloading nylon sacks. NCB team intervened and those two suspects disclosed their identity as Swapon Biswas and Susanta Dey.

(iii) NCB team then disclosed their identity and searched the five (5) numbers of nylon sacks containing greenish plant having odour similar to that of canabis/Ganja, in presence of local witness and both the suspects. Small amount from each sack wa

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