JARMAN BASKI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel for the appellant and Mr. U. Bori, learned Addl. Public Prosecutor for the State respondent.

(2.) The instant appeal arises out of the judgment and order dtd. 18/7/2018, passed by the Special Judge (NDPS Act) in NDPS Case No. 6/2016 whereby the appellant along with one Mr. Ranjit Goya were held liable for punishment under Sec. 20(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1965 (for short 'the NDPS Act') and thereby sentenced to undergo rigorous imprisonment for 10(ten) years and fine of Rs.1,00,000.00 (rupees one lakh), in default of payment of the fine to undergo rigorous imprisonment for a further period of 6(six) months.

(3.) As per the prosecution's case, on 27/2/2016 at 1300 hours, a written FIR was received at P.S. Balemu from one Sailesh Kumar, Assistant Commandant 61st Bn. SSB Headquarters at Bhairobhkunda (Assam), inter alia, alleging that during special operation/Naka duty by 'D' coy of 4200 Chain 10 Yelloripum, Balemu Circle, 125 Kgs (approx) ganja (cannabis) was seized with 2(two) persons apprehended at 0500 hours on 27/2/2016. The Officer-in-Charge, P.S. Balemu registered the FIR vide BLM/PS/C/No. 08/16 under Sec. 20(B) of the NDPS Act. It was the further case of the prosecution that the Investigating Officer examined the complainant and the witnesses by recording the statements under Sec. 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The Investigating Officer seized approximately 125 Kgs of ganja on being produced by the complainant, thereafter, took small quantity from the seized gunny bags in order to gather the forensic/scientific opinion and sent the samples to FSL, Banderdewa for laboratory testing. The FSL report dtd. 4/7/2016 confirmed that the samples so sent had an active constituent of well known cannabis sativa plant commonly known as ganja. On the basis of the investigation being carried out and the FSL report received, a charge sheet was filed on 27/7/2016 bearing CS No. 10/2016 under Sec. 20(B) of the NDPS Act against the appellant as well as another accused. The Court below, thereafter, took cognizance of the offence against the appellant as well as one Mr. Ranjit Koya.