BISWANATH PRATAP SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel appearing for the appellants. We have also heard Ms.N. Das, learned APP, Assam, appearing for the State.

(2.) The facts of the case, briefly stated, are that on 10/4/2018, one Girindra Nath Haloi, S.I. of Guwahati GRPS, Assam, had lodged an ejahar before the In-Charge, Guwahati GRPS, informing that on 10/4/2018, at 7.30 a.m., the train checking party, ASI Dinesh Deka, along with staff conducted checking inside the train No.12435DN Rajdhani Express, while it was standing at Platform No.1, in Guwahati Railway station, had detected that the Bedroll staff of Coach No.4A and Coach No.B3 were carrying suspected Ganja in bags kept inside the bedroll cabin of the Coach. Immediately, the checking party deboarded the bedroll staff along with the three Bags containing Ganja from the coach and detained them with the bags at Plat Form No.1. On getting information from the Checking party, O.C., GRPS issued authority letter under sec. 41(2) of the NDPs Act, to the informant and the informant visited the place of occurrence, examined the checking party, detained the bedroll staffs who on being asked, disclosed their names, to be Ashok Bhagat and Viswanath Pratap singh. During their bag checking, total five packets of suspected Ganja weighting 38 kgs wrapped in black polythene were recovered from the two black colored bags alleged to be of Ashok Bhagat. Also recovered one alleged ID card allegedly kept in one of the bags. A total of 27 KGs of suspected Ganja, wrapped in three black polythene bags, were recovered from a red colored bag allegedly belonging to Sri Viswanath Pratap Singh and also recovered one ID card and two numbers of mobile handset. Accordingly, Guwahati GRPS Case No. 85/2018 was registered under Sec. 20(C)/29 NDPS Act and the Officer-in-Charge of Guwahati GRPS Police Station took up the matter for investigation and one Sri Mahesh Baishya, Sub Inspector, Guwahati GRPS was appointed as Investigating Officer.

(3.) During the course of investigation, the I.O. had recorded the statements of the witnesses, statement of the informant, drew sketch map and took custody of the seized Ganja. The original samples of the seized Ganja was sent to Forensic Science Laboratory for examination. Upon completion of investigation, the I.O. had laid charge sheet against the two accused under Sec. 20(C)/29 of the NDPS Act.