RAJU PREMJI Vs. CUSTOMS NER SHILLONG UNIT

JUDGEMENT

(1.) These two appeals involving common questions of law and fact are directed against a judgment and order dated 6th September, 2007 passed by a Division Bench of the Gauhati High Court in Criminal Appeal Nos. 3(SH) of 2006 and 4 )SH) of 2006 affirming a judgment of conviction and sentence dated 21st June, 2006 passed by the learned Special Judge, NDPS, Shillong in Criminal (NDPS) Case No. 26/2003 whereby both the appellants were convicted under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act ) and were sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs. 1,00,000/- each; in default of payment of fine, to further undergo a rigorous imprisonment for one year.

(2.) Appellant Raju Premji (A-4) was a resident of Shillong. He, however, had been carrying on business in shoes in West Bengal. Appellant Arun Kanungo (A-3), however, is a resident of Meghalaya. They along with two other accused, namely Yashihey Yobin (A-1) and Lishihey Ngwazah Ngwazah (A-2) were prosecuted for commission of offences under the NDPS Act.

(3.) Before placing on record the factual matrix of the matter, we may notice that whereas accused Nos. 1 and 2 have been convicted for possession of 380 gms. of heroin, appellants herein were convicted under Section 25 of the Act for abetment thereof as they purported to have associated themselves with finding prospective buyers in disposing of the contraband.