ISMAIL UDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel for the Appellant as well as Mr. S.C. Keyal, learned Standing Counsel, DRI.

(2.) This appeal under Sec. 374 (2) of the Code of Criminal Procedure ('Cr.P.C.' for short) is preferred against the impugned Judgment and Order, dtd. 19/5/2017, passed by the learned Special Judge (NDPS Act)-cum- Addl. Sessions Judge, FTC No. 3, Kamrup (M) at Guwahati in NDPS Case No. 11/2015, whereby the accused 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 rigorous imprisonment for 1 (one) year under Sec. 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act' for short).

(3.) The prosecution story, in brief, is that on 20/8/2014, acting on specific information, the officers of Directorate of Revenue Intelligence, ('D.R.I.' for short), Guwahati searched a truck bearing registration No. NL-02-K-4844 at Jalukbari area, Guwahati at about 20:00 hours which was parked on the roadside of NH-37. The DRI officials found the present accused/ Appellant sitting inside the truck and he introduced himself as the handyman of the aforesaid truck. On demand, the accused/ Appellant showed them challan of mangoes and denied of carrying any contraband. But, as the information was specific, the DRI officials brought the truck to Brahmaputra Apartment along with the accused/ Appellant and after conducting search in the vehicle in presence of independent witnesses and the Appellant, they recovered 30,700 pet bottles of Phensedyl Cough Linctus of 100 ml. each contained in 307 number of paper cartons along with 63 number of wooden boxes containing 20 kgs. of mangoes each. The accused/ Appellant could not produce any valid document in support of carrying the Phensedyl Cough Linctus valued at Rs.29,46,350.00. Accordingly, the DRI officials seized the recovered Phensedyl Cough Linctus, mangoes, the truck, documents of the vehicle and one mobile handset from the accused/ Appellant. During investigation, it was revealed that one Mintu Mia was the owner of the truck and one Swapan Debnath was the driver, whom the DRI officials could not apprehend although attempts were made.