Present

Mr. Justice Sheikh Abdul Awal

Criminal Appeal No. 4891 of 2018

Sree Biman Kumar Saha

        ........Convict-appellant. -Versus-

The State                             

.....Respondent.

Mr. Tonoy Kumar Saha, Advocate

.....For the appellant.

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 11.07.2024, 14.07.2024, 15.07.2024 and Judgment on 24.07.2024

Sheikh Abdul Awal, J:

This  Criminal  Appeal at the instance  of convict appellant, Sree Biman Kumar Saha is directed against the judgment and order of conviction and sentence dated 20.03.2018 passed by the learned Additional Sessions Judge, 1st Court, Naogaon in Sessions Case No. 713 of 2015 arising out of G.R No. 61 of 2015 corresponding to Mohadevpur  Police  Station  Case  No.  20  dated 21.03.2015 convicting the accused-appellant under table

9(Kha)  of  section  19(1)  of  the  Madak  Drobbya Niyontron Ain, 1990 and sentencing him thereunder to suffer  rigorous  imprisonment  for  a  period  of  5(five) years and to pay a fine of Taka 1,000/- (one thousand) in default to suffer rigorous imprisonment for a period 01 (one) month more.

The  prosecution  case,  in  brief,  is  that  one,  Md. Lalbur  Rahman,  Sub-Inspector,  Mohadevpur  Police Station, Naogaon as informant on 21.03.2015 at about 22:10 hours lodged an Ejahar with Mohadevpur Police Station against the accused appellant under table 9(Kha) of section 19(1) of the Madak Drobbya Niyontron Ain, 1990 stating, inter-alia, that according to G.D. entry No. 773  dated  21.03.2015  while  the  informant  and  other police forces were on duty as to anti drugs activities got a secret information as to selling yaba tablets in-front of a  grocery  shop  at  Gopinathpur  village  under Mohadevpur Police Station and thereafter, the informant party rushed there and at night 21:10 hours apprehended the accused-appellant and on search, recovered total 125 yaba tablets from his jeans pant pocket weighing 13.80 grams,  which  valued  at  Tk.  25,000/=  (twenty  five thousand)  and  thereafter,  the  informant  party  seized those yaba tablets by preparing seizure list in presence of local witnesses.

Upon  the  aforesaid  First  Information  Report, Mohadevpur  Police  Station  Case  No.  20  dated 21.03.2015 under table 9(Kha) of section 19(1) of the Madak Drobbya Niyontron Ain, 1990 was started.

Police  after  completion  of  usual  investigation submitted  charge  sheet  against  the  accused-appellant being charge sheet No. 65 dated 12.04.2015 under table 9(Kha)  of  section  19(1)  of  the  Madak  Drobbya Niyontron Ain, 1990.

Thereafter, in usual course the case record was sent to  the  Court  of  learned  Sessions  Judge,  Naogaon, wherein it was registered as Sessions Case No. 713 of 2015 which was subsequently transmitted to the Court of learned Additional Sessions Judge, 1st Court, Naogaon for disposal. Ultimately, the accused-appellant was put on trial before the learned Additional Sessions Judge, Naogaon  to  answer  a  charge  under  table  9(Kha)  to section  19(1)  of  the  Madak  Drobbya  Niyontron  Ain, 1990 to which the accused-appellant pleaded not guilty and claimed to be