IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Prasenjit Biswas C.R.A. 45 of 2010 Ram Avtar Show @ Ram Abtar Shaw -Versus-

The State of West Bengal For the Appellants : Mr. Swapan Kumar Mallick, Ms. Sudeshna Das.

For the State : Mr. Arindam Sen, Mr. Mir Anuruzzaman.

Hearing concluded on : 02.05.2025 Judgment On : 01.08.2025 Prasenjit Biswas, J:-

1. This criminal appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 by the appellant being aggrieved and dissatisfied with the judgment and order dated 16.11.2009 and 17.11.2009 passed by the learned Judge, Special Court, under NDPS Act, Howrah, whereby this appellant has been convicted for offence punishable under Section 20(b)(ii)B of the NDPS Act, (hereinafter referred to as the ‘Act’) and sentenced to undergo one year rigorous imprisonment with fine of Rs. 10000/- along with default stipulation.

2. The case of the prosecution in nutshell is that:

“Police received a telephonic information that a person was carrying ganja in a polythene packet and standing near 64, N.S. Road, P.S. Howrah to deliver the same to other person and after diarising the information b