BABUL RAJPUT Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these criminal appeals having arisen out of the same judgment passed by the learned Special Judge, NDPS, Golaghat in Special NDPS Case No. 3/2016, are taken up together for hearing and disposal by this common judgment. The appellants stood convicted by the learned Spl. Judge under Section 20(b) (ii) (C) of the NDPS Act and sentenced to rigorous imprisonment for 10 years with fine of Rs. 10,000/- each, in default further simple imprisonment for one year.

(2.) As per prosecution case, Sri Chiranjit Kumar Bora, In-Charge of Numaligarh Police Outpost received an information on 06-06-2016, that one Tata Ace vehicle bearing registration No. AS- 23-BC/0957, loaded with ganja was coming from Rongbong side. He made a GD Entry on the basis of the said information, conveyed the same to his superior officer and proceeded to the National Highway to pursue the information. On reaching the place called Amlakhital, he noticed the vehicle as mentioned in the secret information and intercepted the vehicle along with the appellants who were travelling in the vehicle. Upon search of the vehicle six bags containing suspected ganja were found. He interrogated the accused persons and in the meantime, the Officer-In-Charge of Golaghat Police Station also arrived there. Sub-Inspector, Chiranjit Kumar Bora weighed the suspected ganja by bringing a scale from the shop of Dimbeswar Bora and found that all the six bags contained 26.53 kg of ganja. He also seized the said ganja and took six samples in triplicate, each sample containing 100 gm of suspected ganja and brought the same to Numaligarh outpost. On the next day, i.e., 07-06-2016 he lodged a formal FIR before the O/C, Golaghat and deposited the seized ganja along with the samples. The samples were sent to forensic laboratory by PW-4 for chemical examination and the report of the chemical examination gave positive test for ganja. Upon receipt of the FSL report, charge-sheet was laid by the PW-4, Bijoy Kumar Dutta against the appellants, who eventually stood trial.

(3.) In course of trial, learned Spl. Judge framed charges against all the appellants u/s 20(b) (ii) (C) of the NDPS Act, to which they pleaded not guilty. Six witnesses were examined by the prosecution in order to bring home the charges against the appellants and on appreciation of evidence, learned Special Judge convicted the appellants u/s 20(b) (ii) (C) of the NDPS Act and awarded sentence as has been indicated above.