UNION OF INDIA Vs. DIPAK KUMAR SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 15.12.2009 passed by learned Additional Sessions Judge, Kamrup, Guwahati in Sessions (Special) Case No. 184(K) of 2009 (D.R.I. v. Dipak Kr. Singh and Ors.

(2.) The brief facts which prompted the Petitioner-complainant to invoke revisional jurisdiction of this Court are as follows:

(3.) On the basis of specific intelligence report, the officers of the Directorate of Revenue Intelligence ('DRI') intercepted the truck bearing registration No. WB-25B-4251 on 3.6.2009 at about 1.00 a.m. on National High Way 37 at Azara in the district of Kamrup, Assam; however, the said truck in violation of the signal of the DRI Officers to stop, fled away in a high speed. The DRI Officers followed the vehicle and finally intercepted it near Boxirhat Sales Tax Gate on NH-31 at Panbari near the camp of Border Security Force (BSF) in the district of Dhubri, Assam. The opposite party Nos. 1 and 2 who were Handyman (Khalasi) and the Driver respectively of the truck were apprehended. On preliminary interrogation by the DRI Officers, the opposite party Nos. 1 and 2 confessed of having load of Manipuri Ganja concealed under the load of coal on the truck. It was I also revealed by them, as alleged, that the consignment of the Ganja belonged to one Baharuddin @ Bahar. The DRI Officers brought back the loaded truck to Guwahati along with the opposite party Nos. 1 and 2 and recovered 211 packets of Manipuri Ganja weighing 3549 kgs. net under a load of 23 MT coal in presence of the opposite parties and two independent witnesses. Besides the said Manipuri Ganja, the DRI Officers also seized some some documents form the truck vide case No. 01/NARC/GANJA/DRI/GAU-2009-10 dated 4.6.2009. The opposite parties were also arrested on 4.6.2009 at 5 p.m. at Guwahati under Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Narcotic Drugs and Psychotropic Substances Act'). Thereafter, the opposite parties were interrogated and their statements were recorded by the DRI Officers. On 5.6.2009 the opposite parties were produced before the learned Chief Judicial Magistrate, Kamrup at Guwahati and on the basis of prayer of the DRI Officer, they were remanded to judicial custody.