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2024 Supreme(Cal) 200

JOYMALYA BAGCHI, GAURANG KANTH
Login Das @ Lagin Rabi Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sekhar Basu, Sujoy Mondal, Abhijit Ganguly, L.R. Mondal, S. Ghosh, Mitul Hajra, Kaushik Chaudhury, Busra Khatun.
For the Respondents: S. Bardhan, Saryati Dutta.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appeals are directed against the judgment and order of conviction and sentence dated 09.01.2020 and 10.01.2020 passed by learned Additional District and Sessions Judge, 3rd Court, Special Court under NDPS Act, Balurghat at Dakshin Dinajpur in Trial No. 52 of 2018 arising out of Special Case No. 24 of 2018 convicting the appellants for commission of offence punishable under Sections 21(c) and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing them to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs. 1,00,000/- each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Sections 21(c) of the NDPS Act and to suffer rigorous imprisonment for a term of ten years each and to pay fine of Rs. 1,00,000/- each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under Sections 27A of the NDPS Act. Both the sentences shall run concurrently.

Prosecution case:

2. Prosecution case as alleged against the appellants is as follows:

    On 09.06.2018 at 13:55 hours Inspector Sanjay Ghosh (PW-5), Inspector in-Charge of Balurghat Police Sta

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