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2023 Supreme(Cal) 219

DEBANGSU BASAK, MD. SHABBAR RASHIDI
S. K. Hossain – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant:Milon Mukherjee, ld. Sr. Advocate, Rahul Ganguly, Advocate.
For the Respondent:Prasun Kumar Datta, ld. APP., Sanjoy Bardhan, Santanu Deb Roy, Advocate.

JUDGMENT

Md. Shabbar Rashidi, J.

1. The appeal is directed against the judgment of conviction dated August 10, 2020 and order of sentence dated August 12, 2020 passed by learned 5th Additional Sessions Judge cum Special Court under NDPS Act in connection with NDPS Case No. 59 of 2019 convicting the appellant under Section 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985.

2. One Sub-inspector of police of Sagardighi Police Station received source information at 10.15 hours on March 14, 2019 to the effect that the truck bearing Registration No. NL01N/9322 loaded with huge quantity of ganja was coming from Gauhati to Berhampore. The officer reduced the information into writing by lodging a GDE and informed the matter to his superior. According to the directions of the superior officer, the informant along with force proceeded from Sagardighi police station to work out the information. They also carried the necessary articles like Pin, paper, seal, weighing machine et cetera. At about 11. 05 hours the raiding team reached near the Dohalia More. At about 12. 25 hours a truck having registration No. NL 01/9322 was found coming from Moregram side. The said truck was d

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