JUDGMENT :

TIRTHANKAR GHOSH, J.

1. CRA (SB) 6 of 2023 and CRA (SB) 8 of 2023 are disposed of by a common and single judgment as the same arise out of the same sessions trial and sessions case number.

2. The appellants preferred appeal against the judgment and order of conviction dated 22.12.2022 and 23.12.2022 passed by the learned Additional Sessions Judge, 2nd Court Bangaon, North 24 Parganas wherein the learned trial court was pleased to convict the appellants in connection with Sessions Trial No. 02(03) 2019 arising out of Sessions Case No. 204 of 2018. The learned trial court after convicting the appellants under Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 was pleased to impose sentence of rigorous imprisonment for five years and to pay fine of Rs.1,00,000/-each i.d. to suffer R.I. for six months.

3. The present case was initiated on the basis of a written complaint lodged by one Ravi Ranjan, Assistant Commandant, 26 Battalion, BSF of BOP, Boyra with the Officer-in-Charge, Bagdah P.S. on 27.04.2014. The allegations were to the effect that an information was received by the BSF that a bike would enter the area of 50 mtrs ahead of MCP Point with Phensedyle and the people