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The fact of the case:
Fazilpur Police
Camp under Sailakupa Police Station, Jhenidaha on 29.06.2000 lodged the First Information Report (FIR) stating that, it received information over
wireless from Sub-Inspector A.K.M Razul Karim that a gray color private car
violating the signal of the police personnel and was proceeding towards
Fazilpur from Gopalpur. So, the informant along with other police personnel of
the Fazilpur Police Camp laid an ambush near Kumirdah village on the road named
as Gopalpur-Sailakupa Road. At about 13:05 p.m., the said car reached the place
of their ambush. They managed to stop the car by creating a barricade. Then the
informant in the presence of the witnesses searched the car and found
India-made 176 bottles of phensedyI kept
in the backside of the car. The appellants and two others were in the car and disclosed
that they had bought the said bottles from one Muklashur Rahman of Kaligang
Rail Station for selling the same at Faridpur. So, the informant seized the car
and the bottles in terms of a seizure list, arrested the appellants and their
companies, and lodged the FIRDecision:
This appeal is directed against the judgment and order dated 15.09.2022 passed by the Special Tribunal no. 4 Jhenidaha in special Tribunal Case No. 65 of 2000 convicting the two appellants along with two others under section 25B of the Special Power Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 2 months more.Justification:
Possessing phensedyI for the purpose of sale falls within the purview of section 25 (B) of the Special Powers Act, 1974, which prohibits possession of contraband goods for sale.We have noticed that the applicants are the driver and the helper of the car respectively and 176 bottles of phensedyI were recovered from the collective possession of 4 accused persons. So, considering the quantum of phensedyI and the absence of any previous conviction we hold that the ends of justice will be met in the sentence of 5 years imprisonment is reduced to one year, and the fine is reduced to 1000/- in default, a sentence of 1 month more.
Written by---
Ahmed Saiful
Department of Land Management and Law
Jagannath University, Dhaka
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