BHASKAR DAKUA Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substan­ces Act (hereinafter referred to as the "NDPS Act") and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/-, in default, to undergo R.I. for 6 months.

(2.) THE prosecution case is as follows: On 12-2-1990, the Sub- Inspector (EIB) of Excise received reliable information regarding transportation of opium. He along with other excise officials went to Sahaspur Canal Road and waited there along with an independent witness. The accused was coming on a cycle carrying a cotton bag on the handle of the cycle. The said Inspector stopped the accused. On search, 5 kgs. of opium was found from the bag. The Sub-Inspector seized the con­traband opium, took two samples of 50 grams each there for and sealed the con­traband opium and the samples in presence of witnesses. Subsequently, the seized contraband article was kept in the Malkhana. The seized contraband article was produced before the Judicial Magistrate First Class on the very same day. The Chemical Analyst after examin­ing the sample opined that it was opium. After receipt of the said report, prosecu­tion report was submitted.

(3.) THE prosecution examined three witnesses. P.W. 1 the independent witness, did not support the prosecution case and was declared hostile, P.W. 3 is the Sub-In­spector of E.I.B., who had seized the con­traband article after searching the accused. P.W 2 is the Assistant Sub-Inspector who had accompanied P.W. 3 and was present at the time of search and seizure. The trial Court relying upon the evidence of P. Ws. 2,3 and other materials on record, held that the accused was guilty under Section 18 of the N.D.P.S. Act and convicted and sentenced him as aforesaid.