Md. Mainul Hoque vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 303

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Md. Mainul Hoque – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Niladri Sekhar Ghosh, Adv., Ms. Sompurna Chatterjee, Adv., Mr. Sourav Mondal, Adv.
For the Respondent: Mr. Sanjoy Bardhan, Adv., Ms. Baishakhi Chatterjee, Adv.
For the NCB : Ms. Anamika Pandey, Adv., Ms. Mary Datta, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. The appellant has assailed the judgement of conviction dated October 5, 2021 and the order of sentence dated October 7, 2021 passed by the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985, Murshidabad at Berhampore (Additional District Judge and Sessions Judge, 5th Court) in NDPS Case No. 7 of 2017.

2. By the impugned judgement of conviction, the learned judge has convicted the appellant under Section 22 (c) of the Act of 1985. By the impugned order of conviction, the learned judge has sentenced the appellant to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and in default to suffer further imprisonment for 6 months. The sentences had been directed to run concurrently.

3. Learned Advocate appearing for the appellant has submitted that, the appellant was denied a fair trial. He has pointed out that, the prosecution examined only 2 witnesses who were official witnesses. Prosecution did not examine any independent witness at the trial.

4. Learned Advocate appearing for the appellant has submitted that, apparently, a team of Narcotics Control Bureau (NCB) had participated in the raid. Apart from