CHANDRA KUMAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal appeal is directed against the Judgment and order dated 29.03.2007 passed by the learned Special Judge, Cachar, Silchar in Special Case No. 28/2004 convicting the accused appellant under Section 20(b)(ii) (C) of the Narcotic Drugs and Psychotrophic Substance Act, 1985 (for short, NDPS Act.) and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1.00 lac, in default, further rigorous imprisonment of one year.

(2.) HEARD Mr. Z. Alam, learned counsel appearing for the appellant and Mr. B.S. Sinha, learned Addl. Public Prosecutor, Assam.

(3.) PW 1 is one Surjeet Singh, who deposed that on receipt of the secret information that some arms and weapons were to be transported from Jiribum to Silchar on 10.11.2004, they started checking of vehicles. In the meantime, there was another secret information that at Central Water Commission area at Rongpur, some ganja was kept by some Manipuri persons in their house and accordingly, they went to the house of the particular person, opened the gate and knocked at the door and found the accused person there. Hence, the house and premises were searched but there was no ganja to be found. However, one Maruti Van bearing Registration No. MN-1A-6170 was found in the shed. On being asked about the owner of the vehicle, according to him, the appellant informed him that some one had kept it there and had left. It is also recorded in his evidence that the accused brought out the key and thereafter, on being opened, 11 packets of Ganja packed in Polythene bags were found in the dickey of the vehicle. He had deposed that he had looked for independent witnesses but as it was night, they could not find any body.The seizure list was produced and the same was exhibited as Exhibit-1, through which the vehicle and packets of ganja were seized from the possession of the accused. It further came out from his evidence that the accused, the vehicle and ganja were taken to Dayapur camp. Subsequently, the FIR lodged by Shri V. K. Singh on 11.11.2004 . In the cross examination, it has come out that Exhibit-1, seizure list was written in the house of the accused and the articles were seized at night at about 8:30P.M of 10.11.2004. He did not remember as to who wrote the Exhibit-1. He further stated that Dayapur camp is about 17 KM from the place of occurrence. He had clearly stated in his cross-examination that no search warrant from the Magistrate was obtained before searching the house of the accused. He has also indicated that the house belonged to the accused, as stated by him.