AMIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) LEARNED counsel for the accused-appellant and also heard Mr. K. Munir LEARNED Addl. Public Prosecutor, Assam.

(2.) BEING dissatisfied with and aggrieved by the judgment and order dated 30-3-2009 passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi, in Session Case No. 53 (DM)/07, convicting and sentencing him to undergo R.I. for 7 years with fine of Rs. 10,000/- in default, to undergo further R.I. for 1 year under Section 489(C), IPC, the appellant has filed this appeal under Section 374(2) of the Cr.P.C.

(3.) THE prosecution examined as many as 07 witnesses including the complainant, Investigating officer and Forensic expert. THE accused-appellant was examined under Section 313, Cr. P.C. He expressed his desire to examine 01 witness named Sahab Uddin in his defence but ultimately he did not examine him. P.Ws. 1 and 7 are police officials, who were detained for search in the bus. According to them, they intercepted the aforesaid bus and got into the bus and checked the passengers one by one and made them to get down from the bus. According to P.W. 1, Budhen Bhagbati, a plastic bag placed on a box was found 'on seat No. 1' whereupon the accused-appellant, Amir Hussain was sitting. A Rhino horn and 46 Nos. of fake currency notes of Rs. 500/- denominations were found inside the husk from the said bag and the same were seized by him.