MD. KARIM KHAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the appellant also heard Mr. R. Datta, learned P.P. appearing for the respondentState.

(2.) This is an appeal filed under Sec. 374 of Code of Criminal Procedure, 1973, against the judgment and order of conviction and sentence dtd. 16/4/2024 passed by the learned Special Judge, Khowai, Khowai Judicial District, Tripura in connection with Special (NDPS) 44 of 2022, whereby and whereunder, convicting the appellant to suffer RI for 15 years and pay a fine of Rs.1,00,000.00 and in default to suffer RI for 6 months for commission of offence punishable under Ss. 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 and both the sentences shall run concurrently.

(3.) The brief fact of the prosecution case is that on 27/6/2022 at 1445 hours on the basis of Teliamura P.S GDE No. 32, SI Biswajit Das along with constable Narayan Nama Das of Teliamura P.S along with SPO staffs were performing vehicle checking duty at Hawaibari Naka Point on NH-08. It was observed by them that about 1530 hours one vehicle bearing No. NL-01-D5219 (Full Body Truck) was coming from Agartala side to Teliamura. On seeing this, SI Biswajit Das along with his staff tried to stop the said vehicle but on seeing the signal of police after stopping alleged vehicle its driver tried to fled away. But the police personnel somehow managed to apprehend him. According to the complainant the gesture and posture of the alleged driver was suspicious in nature. Then and there, at 1535 hours the complainant informed the matter to O.C Teliamura P.S as well as SDPO Teliamura. On the receipt of the information within a short time O.C Teliamura P.S and SDPO Teliamura arrived at the spot. The complainant consulted with the driver of the alleged vehicle and on being asked he disclosed his identity that his name is Karim Khan S/o- Abdul Hamid Khan of Village- Kawatika P.S Bijni Dist: Chirang, State-Assam.