BALKAR SINGH @BLKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 28. 05.2014 and 29/5/2014 respectively passed by learned Judge, Special Court (under NDPS Act), Siliguri in CR(NDPS) no.4 of 2011 convicting the appellants for commission of offence punishable under Sec. 20(b)(ii)(C) of the NDPS Act and sentencing them to suffer rigorous imprisonment for 14 years each and to pay fine of Rs.2.00 lakhs each, in default, to suffer further rigorous imprisonment for three years each for commission of the said offence.

(2.) The factual matrix of the prosecution case in nutshell is that the DRI Officers of Siliguri Regional Unit under the leadership of Deputy Director DRI, Siliguri, acting on a specific intelligence input had been to Ghoshpukur area on National Highway No.31 and kept surveillance over movement of vehicles on 17th/18th, February, 2011. On 18/2/2011 at about 4 hours the DRI Officers intercepted a ten-wheeler truck (TATA) bearing registration no. NL-02G-5421 at Ghoshpukur, District, Darjeeling coming from Fulbari side. The officers found two occupants in the said vehicle namely the driver and helper, that is the appellants herein. On query by the DRI Officers both the appellants stated that the truck was loaded with coal from Jogighopa, Assam and was destined to move to Punjab and the driver produced a bill in support of the goods. On further interrogation, the driver disclosed that Cannabis (hemp) was concealed in the truck. The truck was brought to the Central Godown of Siliguri Customs Division, at Babupara, Siliguri and searched in presence of the appellants being and independent witnesses. Upon search 128 packets were recovered containing suspected Cannabis (ganja) which was found wrapped in newspaper sheets and coloured plastic sheets. The packets were weighed individually and inventory was made. The net weight of the suspected 'ganja ' was found to be 1821.28 Kg. Coal, suspected contraband and documents of the vehicle were seized in presence of the appellants and independent witnesses under seizure list. Representative samples in duplicate each weighing 25 grams were drawn and four samples in duplicate weighing 200 grams in all vide sample no. S-1, S-2, S-3 and S-4 were also drawn from the recovered contraband suspected to be 'ganja '. Copy of seizure list and weighment sheet was handed over to both the appellants. Notice under Sec. 67 of the NDPS Act was served upon the appellants and their statements were recorded. They were arrested and produced before the learned NDPS Court, Siliguri on 19/2/2011 in connection with CR (NDPS) Case no. 4 of 2011. The seized goods, excepting documents and two mobile phones, were handed over to the Godown Officer for safe custody. The aforesaid samples were sent to the Chemical Examiner, Chemical Laboratory, Customs House, Kolkata for chemical examination. Prayer under Sec. 52A of the NDPS Act was filed and as per court 's order the learned Magistrate on 5/8/2011 issued certification of correctness of inventory at the godown premises of Siliguri Customs. Warrant of arrest was issued against another accused namely Karnail Singh. Complain was registered under Sec. 20(b)(ii)(C)of the NDPS Act against the appellants and one Karnail Singh.

(3.) The Special Court took cognizance of the offence and upon consideration of the materials on record framed charge against both the accused under Sec. 20(b)(ii)(C) of the NDPS Act. Accused Karnail Singh surrendered before the court and similar charge as above was also framed against him.