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 riding in the bike will then transport the Phensedyle on foot through the fields by passing the MCP at 19 Miles. At about 4.30 hours a bike approached the ambush area and as soon as the bike entered the motor cycle driver and pillion rider were arrested with two bags containing 200 bottles of Phensedyle. On enquiry it revealed that 200 bottles of Phensedyle were to be transported from Bagdah to Kulanandpur village and the said bottles were supplied by Ranjan Saha. The chain of events which transpired were that Ranjan Saha gave it to Upen Das and Jaidev Sadhu. Another search was carried out for tracing the accused persons involved and on identification by the accused Mahadev Saha and Krishna Paul, the accused Upen Das was arrested. The complainant requested the police authorities to register FIR and take action under proper sections of law.

4. Accordingly, Bagdah Police Station Case No. 310 of 2014 dated 27.04.2014 was registered for investigation under Sections 379/411/413/414 of the Indian Penal Code and Sections 27/27(A) of the Drugs and Cosmetics At, 1940. On completion of investigation charge-sheet was submitted before the jurisdictional court and the case was thereafter placed before the learned 2nd Additional Sessions Judge, Court, Barasat, North 24 Parganas. Consequently, the learned trial court after ensuring that the copies and documents have been supplied to the accused persons framed charges under Sections 27(b)(ii) of the Drugs and Cosmetics Act, 1940. The contents of the charges were read over to the accused persons to which they pleaded not guilty and claimed to be tried. The prosecution in order to prove its case relied upon six witnesses and number of documents.

5. On an inspection of the records, it reflects that PW1 Ravi Ranjan was the Assistant Commandant of BSF and the complainant of the present case; PW 2 is Subhash Chandra Sharma, an Inspector of BSF who was present in the team of officers who conducted raid and intercepted the accused persons; PW 3 Sachin Chougle is the constable who was posted at Boyra BOP and was also a part of the raiding team who arrested the appellants and also recovered 200 bottles of Phensedyle; PW 4 is Mukesh Kumar Jena, he was also a member of the raiding team of BSF who arrested two accused persons and also seized 200 bottles of Phensedyle; PW 5 is Sub-Inspector of Police Pronob Kumar Dey at the relevant time was posted at Bagdah Police Station and received the written complaint from PW 1 Assistant Commandant of BSF. It was under his endorsement Bagdah Police Station Case No. 310 dated 27.04.2014 was registered for investigation under Sections 379/411/413/414 of the Indian Penal Code and Sections 27/27A of the Drugs and Cosmetics Act, 1940 the said FIR named five accused persons. PW 6 Utpal Kumar Saha i