ONYX MAIPHOK Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL the aforesaid four appeals are arising out of the common judgment and order dated 21.11.2008 passed by the learned Sessions Judge, Goalpara in Sessions (Spl.) Case No. 03 of 2007, whereby the learned Sessions Judge has convicted six accused persons under Section 20 (1)(b) of the NDPS Act, 1985. On such conviction the appellants have been sentenced to undergo rigorous imprisonment for 5 (five) years and also to pay fine of Rs. 5,000/- each with default stipulation of one month simple imprisonment. Being aggrieved with the conviction, all the six convicts have preferred the aforesaid appeals.

(2.) CRIMINAL Appeal No. 34 of 2008 has been filed by the convict Shri Onyx Maiphok; CRIMINAL Appeal No. 46 of 2008 has been filed by the convict Shri Augustine Mao and CRIMINAL Appeal No. 47 of 2008 has been filed by the convict Shri Jyoti Prakash Ghising and CRIMINAL Appeal No. 70 of 2009 has been filed convicts Kumar Lama @ Tamang, Kuber Chetry and Shyam Shah. In this way all the six convicts are before me.

(3.) THE learned counsel for the appellants submitted that the appellants were apprehended, challaned and finally convicted merely on suspicion, and without any legal evidence. It was contended that the prosecution miserably failed to prove that the appellants were in conscious possession of narcotic drugs. In support of this submission, learned counsel relied upon various judgments of the Hon'ble Supreme Court rendered in Avtar Singh Vs. State of Punjab, reported in (2002) 7 SCC 419; State of Punjab Vs. Balkar Singh, reported in (2004) 3 SCC 582; Narcotic Control Bureau, Jodhpur Vs. Murlidhar Soni, reported in (2004) 5 SCC 151 and in the case of State of Punjab Vs. Hari Singh, reported in 2009 (76) AI Cases 233.