NOOR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Das, learned Amicus Curiae for the appellant and Mr. M.P. Goswami, learned Addl. Public Prosecutor for the respondent.

(2.) This jail appeal is directed against the judgment and order passed by learned Special Judge, NDPS, Dhubri in Special Case No. 6/2006, whereby the learned Special Judge convicted the appellant under Section 20 (b) of the NDPS Act and sentenced him to rigorous imprisonment for 5 (five) years and to pay fine of Rs. 10,000/- (Rupees ten thousand) with default stipulation.

(3.) As per prosecution case, a BSF team headed by Deputy Commandant, Field Team Commandant, Panbari, Dhubri, Assam intercepted an EPC boat in the river Brahmaputra and recovered 58 kg of dry plant leaves suspected to be 'ganja' from the possession of six accused persons including the present appellant, who were travelling in the said boat. After recovery of the suspected narcotics, the BSF team handed over the narcotic substances along with the boat and the accused persons including the present appellant to the Custom Department for taking necessary action. The custom official arrested the accused persons including the appellant, seized the contraband substances from the BSF personnel (PW-3) and registered a case on the basis of a report submitted by the BSF personnel. The custom officer also took samples from the seized contraband, sent the samples for chemical examination and forwarded the accused persons to the court. The forensic report gave positive test for cannabis and after completion of the investigation, charge-sheet was laid against six accused persons including the present appellant.