SAULAT RASOOL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Biswas, learned counsel for the appellant as well as Mr. BB Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

(2.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure ('Cr.P.C.' for short) is preferred against the Judgment and Order, dtd. 31/8/2019, passed by the learned Special Judge ( NDPS Act), Kamrup (M), Guwahati in NDPS Case No. 80 of 2018 under Sec. 21 (c) of the NDPS Act, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs.1,00,000.00 (Rupees One Lakh), in default, to suffer imprisonment for 6 (six) months under Sec. 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

(3.) The prosecution story, in brief, is that on 11/6/2018, at around 7.30 am, at Guwahati Railway Station, the train checking party of the Government Railway Police Station (GRPS), Guwahati led by one ASI SK Jha, recovered four packets of suspected morphine from the possession of the accused /appellant who was travelling in the Coach No.1-A , seat No.48 of the 12423 Down Rajdhani Express Train. On enquiry, the accused /appellant disclosed that he had purchased the morphine at Dimapur Bus Stand from an unknown Naga person and he carried the same to Kanpur for business purpose. Later on, SI Biswajit Rabha, who was entrusted for preliminary steps, weighed the suspected morphine and found the total weight to be 900 grams.