CHOTAN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel Mr. M. Biswas, appearing for the appellants. Also heard, Mr. B.B. Gogoi, the learned Addl. P.P. for the State of Assam.

(2.) Challenge in this appeal is to the judgment passed by the Sessions Judge, Kamrup (M) in NDPS Case No. 50 of 2018 holding the appellants Chotan Roy @ Chotan Ray and Sashi Kumar guilty under Section 20(b)(ii)(C) and under Section 29 of the NDPS Act.

(3.) On 02.03.2018 at about 6:30 a.m., ASI Dinesh Deka of Government Railway Police Station, Guwahati was checking the coaches of 14019 Down Tripura Sundari Express train, which was parked in the platform No. 1 of Guwahati Railway Station. The said police officer discovered that two passengers, namely Chotan Roy and Sashi Kumar had in their possession 4 bags contained 15 packets of suspected ganja wrapped in polythene. Both the aforesaid persons were brought down from the coach and the Officer In-charge of the Government Railway Police Station, Guwahati was informed. On getting the information the Officer In- charge entered the matter in General Diary vide Entry No. 30 dated 02.03.2018. He issued a letter of authority to Sub Inspector Girindra Nath Haloi to do the investigation. Mr. Haloi went to the Platform No. 1 and met the detained persons. Mr. Haloi searched bags of those two persons and also searched their bodies. Chotan Roy and Sashi Kumar disclosed before Mr. Haloi that out of the 15 packets, 8 packets belonged to him and the other 7 packets belonged to Sashi Kumar. Together they disclosed that they were carrying those packets of ganja for selling them in the market.