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2023 Supreme(Cal) 1279

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Sunil Kumar Roy – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sekhar Kumar Basu, ld. Sr. Adv., Mr. Soubhik Mitter, Ms. Rajnandini Das, Adv.
For the State : Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharya, Adv.

JUDGMENT :

Joymalya Bagchi, J.

1. Appeal is directed against judgment and order dated 18th December, 2018 and 19th December, 2018 passed by the learned Judge, Special Court under the NDPS Act-cum-Additional Sessions Judge, 1st Court, Bankura in Special Case No.21 of 2017 convicting the appellants for commission of offence punishable under Section 20(b)(ii)(c) of the NDPS Act and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- each, in default, to suffer rigorous imprisonment for one year more.

2. Prosecution case, as alleged against the appellants is to the effect that on 27th July, 2017, SI, Ashis Majumdar (PW1), Special Operation Group, CID, West Bengal received credible information that a gang of professional criminals dealing in Andhra Pradesh Malkhana made cannabis in high percentage are clandestinely operating by procuring/selling the contraband to different users for wrongful gain. Information revealed that the criminals used to carry their stock in car from Andhra Pradesh. They would transport the contraband in the night between 27.7.2017 to 28.7.2017 and reach Burdwan by 28.7.2017. The matter was informed to the superior and with

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