Case Reference

Case Name: Md Mahafuzur Rahman and another vs The State

Reference: 67 DLR 594

Summary of the Case

In Md Mahafuzur Rahman and another vs The State, police intercepted a private car near Kumirdah village, Jhenidaha, on 29.06.2000, based on prior information. Upon searching, they recovered 176 bottles of Indian-made phensedyl intended for sale. The accused admitted to purchasing the contraband from Kaligang Rail Station for resale in Faridpur. They were arrested, and the goods seized. The Special Tribunal No. 4, Jhenidaha, convicted them under Section 25B of the Special Powers Act, 1974, sentencing each to two months’ rigorous imprisonment. The conviction was later challenged but upheld, confirming the offense of possessing contraband for commercial purposes.

Facts

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 FIR

Decisions

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.