MD. RIYASUDDIN @ LEIHAO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 6.5.2013 passed by the Special Court, ND & PS Manipur in Special Trial Case No.14 of 2003 whereby and where under the learned Special Judge having found the appellant guilty convicted him for the offence punishable u/s 20(b)(ii)(C) ND & PS Act 1985, and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lakh. In default of making payment, to undergo further 2 months rigorous imprisonment.

(2.) The case of the prosecution is that while N. Kesho Singh, the informant (PW/3), was posted as Sub Inspector of Police at Narcotic Affairs of Border (NAB) P.S., he on 5.8.2002 at about 11 AM received an information from a reliable source that the appellant, Md. Riyasuddin @ Leihao has concealed huge quantity of Ganja in a room taken on rent from the owner, Md. Tomba (not examined). On receiving the said information, the informant, PW/3, reduced it in writing (Ext.p/5) and submitted it for taking legal proceeding before the SP, NAB who issued an order of authorization (Ext.P/6) for making search. Accordingly, PW/3, rushed to the place of occurrence along with other police personnel. Upon reaching the spot, the informant did find some of the persons present over there to whom he made request to be present at the time of search. When search was made in presence of the witnesses 3 gunny bags containing Ganja were recovered from beneath the Cot of the appellant. The said bags were wrapped in a polythene. Upon taking weight 40 Kgs of Ganja was found there in each of 2 bags whereas 3rd bag was containing Ganja weighing 20 Kgs. Said Ganja was seized under Seizure Memo Ext.(P/1) in presence of the witnesses namely, Md. Tolen(PW/1), Saratchandra Singh (PW/2) and Chirom Naba (PW/4) who put their signatures over the seizure memo which has been proved as Exts.P/1(I), P/1(2), P/1(3) respectively. Thereupon the informant took out 25 gm of Ganja from each of the bags as sample and put it in a paper envelope marked as A/1, A/2, B/1, B/2, C/1, and C/2 respectively. Said packet was sealed. It is also the case that the informant arrested the appellant and then obtained his signature on the weighing chart, seizure memo and each of the sealed envelope. The appellant was brought to police station where the informant, PW/3, handed over the accused to the Officer in-Charge and also the seized articles along with the written ezahar (P/2), on the basis of which a case was registered as FIR Case No.14(8) 2002 NBA PS u/s 20(b)(ii)( C) ND & PS Act.

(3.) Upon registration of the case, it was taken up for investigation by Sub Inspector of Police, Souglienthang Vaiphei (PW/7). He then seized all those documents such as source report, authorization order, seizure memo, arrest memo, godown receipt under seizure memo Ext.P/4. Thereupon, he recorded the statement of the witnesses and then sent the samples on 18.8.2002 to FSL Pangei for its chemical examination. On 19.12.2002 they received the FSL report (Ext.P/18) whereby materials sent was found to be ganja. Accordingly, the I.O. submitted charge sheet upon which cognizance of offence was taken. When the matter was taken for trial, charge was framed to which the accused pleaded not guilty.