SUMAN DEB Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE appellant/accused Smti. Suman Deb filed the criminal appeal No. 5/2014 challenging the judgment and order of the learned Special Judge (NDPS), Shillong dated 06.06.2014 passed in Crl. (NDPS) 1/2010 convicting the appellant/accused Smti. Suman Deb for the commission of the offence under Sections 22(c) and 22(a) of the NDPS Act, 1985 and the order of sentence dated 13.06.2014 sentencing her to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh under Section 22(c) of the NDPS Act and in default of payment of fine, a further term of simple imprisonment of one year and also rigorous imprisonment of 6 months under Section 22(a) of the NDPS Act, and all sentences shall run concurrently.

(2.) HEARD Mr. HR Nath, learned counsel for the appellant/accused and Mr. S Sen Gupta, learned Addl. PP.

(3.) S .I. Subir Sangma (PW 10) submitted a report that on 28.04.2010 at about 4:00 PM, Inspector H.S. Rana (PW 2) and staff of 67 Bn. CRPF caught red handed two persons namely, Smti. Suman Deb (appellant/accused) and Shri. Ruby Rymbai while the appellant/accused Smti. Suman Deb was trying to sell a packet of SPASMO PROXYVON containing 18 (eighteen) strips, total 144 (one hundred forty four) numbers of capsules to Ruby Rymbai. On being produced before the Police station by the Inspector H.S. Rana (PW 2), the said packet of SPASMO PROXYVON was seized at the Police station by him i.e. S.I. Subir Sangma (PW 10). S.I. Subir Sangma (PW 10) passed the information over telephone to O/C Rynjah P.S. Inspector J.S. Kharsati, who passed the said information in writing to the Deputy Superintendent of Police (Crime), Shillong Shri. Vivek Syiem (PW 7) with a request to give authorization to S.I. Subir Sangma (PW 10) to carry on search and seizure as there was high suspicion that the appellant/accused Smti. Suman Deb might have hidden Narcotic drugs in her residence. After receiving the written authorization from the Deputy Superintendent of Police (Crime), S.I. Subir Sangma (PW 10) conducted a search at the house of the appellant/accused Smti. Suman Deb at Lapalang in the presence of independent witnesses namely, Shri. Dino Mawthoh (PW 3), Shri. Donnio Kharkrang (PW 4) and Shri. Newson Richard Pyngrope (PW 8). On searching the house of the appellant/accused Smti. Suman Deb, which was rented from the house owner Smti. Diamond Lawai, who is the wife of Shri. Newson Richard Pyngrope (PW 8) situated at the third floor of the building, two cardboard cartons, one containing packets of SPASMO PROXYVON (containing 5152 capsules) and the other containing NITROZEPAM (containing 1869 tablets) were recovered from the appellant/accused bedroom. Shri. Vivek Syiem, Deputy Superintendent of Police (Crime) i.e. (PW 7) was informed about the matter and he immediately rushed to the place of occurrence with the District Anti Narcotic Task Force personnel and those contraband items were seized at the place of occurrence in presence of the said independent witnesses and the Deputy Superintendent of Police (Crime) i.e. (PW 7).