UNION OF INDIA Vs. LALTHANGLIANI ALIAS THANGTEI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 20.1.96 passed by the learned Special Judge at Cachar, Silchar in Special Case No. 16/93. By the aforesaid judgment, the learned Judge acquitted the respondent herein of the charge u/s 21 r/w S.8(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, hereinafter called as 'NDPS Act, 1985').

(2.) The prosecution story in brief is that PW-6 Nikhil Ranjan Choudhury, Inspector of Customs and Central Excise, Silchar along with staff PW-1 Chayarani Dev Baidya, Lady Constable and PW-2 Ranjit Kumar Das, Inspector of Customs & Central Excise (Preventive) at Dholai seized 310 gms of heroin from the possession of accused Mrs. Lalthangliani @ Thangtei on 12.8.93 at about 3 p.m. at Dholai when the said accused was travelling in Aizawl. Guwahati bound bus No. TRY 184 in seat No. 30 and arrested the accused and also recorded her statements Exts. 3 and 4 and there after getting the said articles analysed through the Forensic Science Laboratory, the said witness had submitted the offence report against the accused u/s 21, r/w S,8(c) of the NDPS Act for illegal possession of the aforesaid contraband article and sent up the accused for trial.

(3.) On the basis of the said repart, a special case was registered and the charges were framed u/s 21, r/w S.8(c) of the NDPS Act for illegal possession of the aforesaid quantity of heroin. The charge was explained to the accused, she pleaded not guilty and claimed to be tried. The prosecution examined 6 witnesses - PW-1 Chayarani Deb Baidya, Lady Constable of Customs and Gbntral Excise PW-2 Ranjit Kumar Das, inspector of Customs and Central Excise (Preventive) PW-3 Kalipada Sarkar, a Photographer of Dholai PW-4 Bidyut Ranjan Deb, Supdt. of Customs and Central Excise PW-5 Rabindra Ch. Saha, Driver of the vehicle PW-6 Nikhil Ranjan Choudhury, Inspector of Customs and Central Excise and complainant in the case. As may as 26 number of documents were exhibited including the statements of the accused i.e. Exts. 3 and 4. Ext. 12 is the report of the Forensic Science Laboratory which shows that the sample which was sent to them was heroin, Ext-2 is the offence report.