KAMAL CH BHOWMIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The learned Special Judge, Sonitpur on conclusion of trial in CR Case No. 6/98 convicted the appellant under Section 20(b)(i) of the Narcotic Drugs and Pshychotropic Substances Act, 1985 and sentenced him to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 10,000/- in default thereof, to further Rigorous Imprisonment for three months.

(2.) I have heard Mr. BK Bhattacharjee, learned counsel for the appellant and also Ms. B Rajkhowa, learned Public Prosecutor, Assam.

(3.) The prosecution case in brief is that on 23.1.97 a Maruti Van with registration No. NL-04-1173 was intercepted ;and checked in usual and routine frisking of vehicles near Kaliabhomora Bridge over the river Brahmaputra. During the course of search, one of the occupants of the vehicle made an attempt to run away with the vehicle and the other two occupants also made attempts to escape. The two persons who ran away towards the river bank were apprehended. The vehicle was found in an abandoned condition and seized. After search, 75 packets of cannabis (Ganja) were recovered. Seizure memo was prepared and after completion of investigation, chargesheet was submitted. The learned Special Judge after evaluation of the evidence of the prosecution as well as the defence convicted the appellant as aforesaid.