JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appeal is directed against the judgment and order dated 17.02.2020 passed by learned Additional Sessions Judge, 1st Court, Cooch Behar (Special Court under NDPS Act) in NDPS Case No. 59 of 2018 arising out of Sahebganj Police Station Case No. 352/18 dated 31.07.2018 convicting the appellant for commission of offence punishable under section 20(b)(ii)(C) of the NDPS Act and sentenced him to suffer rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000/- in default, to suffer rigorous imprisonment for two years more.

2. Prosecution case levelled against the appellant is to the effect that on 31.07.2018 at 6:30 hours one Jay Prakash, Assistant Commandant of 38 BN BSF at BOP Gitaldah (PW-5) who was also in-charge of BOP Karala received information from unit ‘G’ (Intelligence Cell) that large quantity of ganja is stored in the house of one Jaidul Mia of Karala which was situated on the other side of the border fence. He informed his superior and as per their direction he directed Post Commander Inspector Bachhan Singh (PW-1) to reach the spot and cordon the house of Jaidul. At 7:30 hours Bachhan Singh and his force went out from the BOP Karal