BANU BIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.A Talukdar, learned counsel for the appellant as well as Mr. PS Lahkar, 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. 15/6/2016, passed by the learned Special Judge ( NDPS Act), Jorhat in Special Case No. 06 of 2013 arising out of GR Case No. 2068 of 2013 (corresponding to Jorhat PS Case No.1152 of 2013) 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. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). Prosecution Story:

(3.) The prosecution story, in brief, is that on 25/7/2013, one SI Hemen Das, the then In-charge of Bhogdoi Out Post, Jorhat received an information from one ASI Dulal Bora that while they were on patrolling duty on NH-37 and were conducting checking in vehicles, they checked one vehicle bearing registration No.AS-04 B/2306 [709 Bus] and found ten number of packets wrapped with polythene containing suspected ganja (cannabis) from a woman passenger. The suspected ganja (cannabis) was carried by the said accused woman in order to sell the same. Investigation & Trial :