PRASANTA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of both these appeals. These appeals are directed against the judgment and order, dated 24.05.2007, passed, in Special (N) Case No. 19/2005, by the learned Special Judge, Darrang, Mangaldoi, convicting the accused-appellants under Sections 20(b)(ii)(C) of the NDPS Act and sentencing each of them to undergo rigorous imprisonment for 20 years and pay fine of Rupees one lakh and, in default of payment of fine, suffer rigorous imprisonment for a further period of five years. Aggrieved by their conviction and the sentence passed against them, the three appellants have preferred these appeals.

(2.) We have heard Mr. B.M. Choudhury, learned counsel for the appellant in Criminal Appeal No. 133/2007, which has been preferred by accused-appellant, Prasanta Roy, and Mr. K. Goswami, learned Amicus Curiae, in Criminal Appeal No. 109(J)/2007, which has been preferred by accused-appellants, Lakhan Mech and Dhruba Sonar. We have also heard Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.

(3.) The case of the prosecution, as emerged at the trial, may, in brief, be described thus: On 18.02.2005, when a meeting of the Assam Sahitya Sabha (i.e., a literary organization of Assam) was held at Sipajhar and a procession of the said Sabha was in progress, vehicles, coming toward Mangaldoi, had to be stopped on one side of the road. While the vehicles were being so stopped, one TATA Sumo vehicle, bearing Registration No. AS-30-1794, attempted to pass and overtake the said procession, which carried the monogram of POLICE. The occupants of the said vehicle were in khakis (a kind of cloth used for the purpose of making uniform of police personnel) and wearing the badges of RPF with blue beret (caps). On suspicion developing in the mind of the Superintendent of Police, Darrang, who was personally present at the said place, he asked the occupants of the said vehicle to show their identity cards. The occupants of the vehicle, then, reacted by saying as to why their identity cards were necessary and tried to drive away the vehicle. They were, then, asked by the Superintendent of Police (PW7) to disembark from the vehicle. The police personnel, accompanied by PW7, opened the door of the vehicle and tried to find out what was inside the vehicle. The police personnel included PW1 and PW2, PW1 being the PSO of PW7. As soon as the door of the vehicle was opened, police personnel smelt Ganja (cannabis) and they also noticed packets lying covered by polythene inside the vehicle. On being counted, as many as 47 packets were found. The Superintendent of Police, Darrang, (PW7), then, informed the Officer-in-Charge, Sipajhar Police Station, over wireless and handed over the vehicle along with the occupants of the said vehicle, namely, Prasanta Rai, Dhruba Sonar and Lakhan Mech (i.e., the present appellants), and one Gakul Mech, who absconded during trial. The said packets were, then, seized not only in presence of the police personnel, but also some unofficial persons, such as, PW4, PW5 and PW9. A written Ejahar was, then, lodged at Sipajhar Police Station, on 22.02.2005, by PW2, who is a constable. Treating the said Ejahar as First Information Report (FIR), Sipajhar Police Station Case No. 26/2005, under Sections 170/ 171 IPC read with Section 20(b) of the NDPS Act, was registered against the said four accused persons. During the course of investigation, the seized packets were weighed and found to contain 464 KGs of suspected Ganja. A sample from the seized materials was drawn and sent to Forensic Science Laboratory, Guwahati, Assam (in short, 'the FSL'). A report, in this regard, was received from the Scientific Officer, Drugs and Narcotic Division, FSL, Assam, which shows that the sample of seized materials, sent to the FSL, had given positive test for cannabis. On completion of investigation, police laid charge-sheet against the present appellants and the absconding accused, Gakul Mech, under Sections 170/ 171 IPC read with Section 20(b)(ii)(C) of the NDPS Act.