YUMKHAIBAM HARIMOHAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE present revision petition has been preferred under Section 482 Cr.P.C against the judgment and sentencing order dated 04.05.2012 passed by the learned Special Court, ND and PS, Manipur in Special Trial Case No.700 of 1995, convicting the petitioner under Section 20(b)(ii)(B) of the NDPS Act, 1985, for unauthorized possession of 10 kgs of Ganja under Section 80(c) of the NDPS Act and sentencing him to undergo five years rigorous imprisonment with fine of Rs.10,000/ - and in default thereof, to undergo one month rigorous imprisonment.

(2.) THE prosecution case in brief is that on 04.03.1992 at about 2.30 a.m. a house search was conducted by a Sub Inspector of Police of Border Affairs Police Station (BAPS), pursuant to the authorization for search issued to him by the Superintendent of Police, BAPS. During the search one gunny bag containing processed ganja was found concealed inside the granary, which was seized in presence of witnesses. Accordingly, a case was registered under Section 20(b)(i) of the NDPS Act on 04.03.1992 against the petitioner. Charge was framed against the petitioner on 28.02.1992 under Section 20(b)(i)(B) of the NDPS Act after the amendment of the NDPS Act in 2001.

(3.) AT the time of trial, the learned Trial Court formulated three points for determination as follows: