Present

Mr. Justice Sheikh Abdul Awal

Criminal Appeal No. 8697 of 2015

Md. Sumon and another

.............Convict-appellants. -Versus-

The State

.....Respondent.

Mr Md. Aminul Islam, Advocate

.....For the convict- appellants.

Ms. Shahida Khatoon, D.A.G with

Ms. Sabina Perven, A.A.G with

Ms. Kohenoor Akter, A.A.G.

.... For the respondent.

Heard on 06.05.2024 and 19.05.2024, Judgment on 26.05.2024.

Sheikh Abdul Awal, J:

This Criminal Appeal at the instance of appellant Nos. 1. Md. Sumon and 2. Md. Illias is directed against the judgment and order of conviction and sentence dated 11.10.2015 passed by the learned Judge, Special Tribunal No. 4, Khulna in Special Tribunal Case No. 144 of 2012 arising out of G.R. No. 202 of 2012 corresponding to Bathiaghata Police Station Case No. 10 dated 13.07.2012 convicting the accused appellants under Section 25B(2) of the Special Powers Act, 1974 and sentencing them thereunder to suffer rigorous imprisonment for a period of 07(seven) years and to pay fine of Tk. 20,000/ (twenty thousand) in default to suffer simple imprisonment for 01(one) year more each.

The prosecution case, in brief, is that one, Mohammad

Ali, DAD, (JCO No. 6604, Nayeb Subeder) BGB, Special Company, Rab-6, Khalishpur Khulna as informant on 13.07.2012 at about 21.05 hours lodged an Ejahar with Bathiaghata Police Station, Khulna against the convict appellants stating, inter-alia, that on 13.07. 2012 while informant along with other forces were on special duty got a secret information at12.45 hours that some drug peddlers were bringing phensedyls in Khulna City from Satkhira and then at 13:20 hours RAB forces took position in front of Rupa Petroleum and CNG Padma Oil Company Limited under Bathiaghata Police Station and thereafter, they found

2 persons were coming through an engine driven van and then the informant party stopped that van and apprehended

the accused persons and on a query, they disclosed their their name Md. Sumon and Md. Illias and thereafter, they opened the wooden body of that van and then the informant party recovered total 716 bottles of Indian phensedyl from wooden body of that van which valued at Tk.3,58,000/- (three Lac and fifty eight thousand) and accordingly, they seized those phensedyl syrups by preparing seizure list in presence of witnesses.

Upon the aforesaid First Information Report, Bathiaghata Police Station Case No. 10 dated 13.07.2012 under Section 25B(2) of the Special Powers Act, 1974 was started against the accused appellants.

Police after completion of usual investigation submitted charge sheet against the accused-appellants vide charge sheet No. 190 dated 19.08.2012 under Section 25B (2) of the Special Powers Act, 1974. Ultimately, the accused appellants were put on trial before the learned Judge, Special Tribunal No. 4, Khulna to answer a charge under Section 25B(2) of the Special Powers Act, 1974.

At the trial, the prosecution examined in all 6(six) witnesses and also exhibited some documents to prove its case, while the defence examined none. Most of the prosecution witnesses were not cross-examined as the accused persons after being enlarged on bail became absconding.

On conclusion of trial, the learned Judge, Special Tribunal No. 4, Khulna by the impugned judgment and order dated 11.10.2015 found the accused-appellants guilty under Section 25B (2) of the Special Powers Act, 1974 and sentenced them thereunder to suffer rigorous imprisonment for a period of 07(seven) year and to pay fine of Tk. 20,000/ (twenty thousand) in default to suffer simple imprisonment for 01(one) year more each.

Being aggrieved by the aforesaid impugned judgment and order of conviction and sentence dated 11.10.2015, the accused-appellants preferred this criminal appeal.

Mr. Md. Aminul Islam, the learned Advocate appearin