BHIM RAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants were convicted under Section 20(b)(ii)(C) of the N.D.P.S. Act, 1985 in Sessions (Special) Case No . 1/07 vide judgment and order dated 3.8.2007 passed by the learned Special (Sessions) Judge, Barpeta. By the said judgment and order the convict/appellant No. 1 Shri Bhim Ram was sentenced to undergo R.I. for 15 years and fine of Rs. 3 lakhs and in default of payment of fine, further R.I. for 5 years and the convict/appellant No.2 Shri Sanjoy Ram and convict/appellant No. 3 Smt. Indra Devi were sentenced to undergo R.I. for 10 years each and fine of Rs. 1 lakh in default of fine, further R.I. for 2 years. This appeal is directed against the said conviction and sentence.

(2.) The prosecution story is that on 18.12.06 at about 12.43 P.M.(noon), 5636 Down Usha Express arrived at Barpeta Road Railway station at No.1 Platform. The in-charge of Barpeta Road Railway GRP outpost made the GD entry No. 343 dated 18.12.06 and proceeded alongwith his staff to check the suspected luggages in the said train. He asked his staff Shri Dilip Sarma , Hemanta Sarma and Lachit Hazarika to check from engine side. He along with staff Shri Bipin sarma and Shri Anil Gayari started to check from the middle of the train. While checking the luggages at about 1.10 P.M. in sleeper Coach No.5.12 (6857) under the Berth No. 65 they found a black trunk, two V.I.P Suit cases and a bag. He interrogated the passengers who were found on berth No. 65. All the persons admitted that the said luggages belonged to them and when he wanted to check a person Bhim Ram by name delivered the keys and when he opened the trunks etc. he found them full of suspected ganja. In the mean time the train started to leave and so they brought down all the three passengers with luggages to the Platform. In presence of witnesses he took the weighment and found net 85 Kg.500 Grams of suspected ganja.He seized the articles in presence of witnesses. Samples were drawn and packed. The accused persons were forwarded U/S 42 of N.D.P.S. Act and the sample packets were sent to FSL for examination and report. As per FSL report the samples of seized articles tested positive that is cannabis (ganja). The outpost incharge lodged FIR on 12.1.07 with the OC, Rangia GRP PS and accordingly a case being Rangia GRPS. Case No. 4/07 was registered U/S 20(b) NDPS Act. The in-charge of the Barpeta Road GRP out post who lodged the FIR was entrusted with the investigation of the case .He examined the seizure witnesses and other witnesses.The subsequent part of the investigation was made by one Trailokya Talukdar S.I. of police of Rangia G.R.P.S. who also examined the informant and one T.T.(E) and on completion of investigation submitted the charge sheet against all the convict appellants U/S 20(b) of the N.D.P.S. Act. On receipt of the case records and on consideration of the materials the learned trial court found prima-facie case punishabale U/S 20(ii)(b) N.D.P.S. Act read with Sec.34 I.P.C. against all the three accused persons and accordingly a charge U/S 20(ii)(b) of N.D.P.S. Act read with Sec.34 I.P.C.was framed against all the three accused persons. The charge was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) In order to establish the case, the prosecution examined as many as 8 witnesses while the defence examined none although opportunity was provided as per the provision under the law. The learned trial Court on consideration of the materials and on appreciation of evidence on record and upon hearing the learned counsel for the parties, convicted and sentenced the appellants as mentioned earlier.