YASIHEY YOBIN Vs. DEPARTMENT OF CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature of Guwahati at Shillong Bench in Criminal Appeal No. 5 (SH) of 2006, dated 06.09.2007. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Special Court (NDPS) in Criminal (NDPS) No.26 of 2003.

(2.) The factual matrix of the case in brief is :

(3.) The appellants were thereafter put to trial before the Special Court, NDPS. The Trial Court after appreciating the evidence on record has come to the conclusion that both the accused persons were in conscious possession of the said contraband substance and therefore convicted the appellants under Sections 8(C) and 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short). Accordingly, Appellant No. 1 was convicted with rigorous imprisonment of 13 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment. The Appellant No. 2 was convicted with rigorous imprisonment of 10 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment.