AHMED NOOR KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS judgment will govern all the three criminal revisions arising out of a common judgment.

(2.) ACCUSED Ahmed Noor Khan alias Nabu Khan is convicted under Section 6 of the Assam Opium Prohibition Act, 1947, hereinafter called 'the Act', and sentenced to two years' rigorous imprisonment and to a fine of Rs. 2,000/ -, in default six months' rigorous imprisonment. His vehicle DLI 5860 was confiscated by the Magistrate although the learned Sessions Judge has not adverted to that order in his judgment. Accused Naresh Chandra Das is convicted under Section 5(a) of the Act with a similar sentence. Accused Suleman Munchi is convicted under Section 10 of the Act with an identical sentence.

(3.) PROSECUTION case is that on 11th September, 1966, on receipt of certain secret information, B. C. Baruah, Inspector of Excise (P. W. 1), went to Duliajan with a number of Excise Officials and the party stayed there at night. Early morning at 3 -00 a.m. of 12th September, the party proceeded to Naharkatia. From there, they went to Tinkhong wherefrom additional reinforcement was obtained and reached Umatara Tea garden at about 6 a.m. P, W. 1 was the leader of the patrol and he placed a posse of excise officials to surround the house of accused Lakhi Kania (since discharged). Thereafter, another batch was detailed to surround the residential house of accused Naresh Chandra Das. After that, they proceeded to the grocery shop of Naresh Das and placed some excise constables to surround it. At that time they saw a motor car DLI 5860 in front of the grocery shop. They suspected this car and asked some constables to guard over it. When accused Mahavir Prasad Bharatia (since discharged) was questioned about this car, he could not say anything. The house of Mahavir Prasad which was in the vicinity of the car was also surrounded on suspicion. P. W. 1, with Excise Inspector Mohit Chandra Chang Kakati (P. W. 3) and others, went to the house of accused Suleman Munchi and surrounded the same. They found five guests from Delhi inside the house and they were accused Ahmed Noor Khan alias Nabu Khan, accused Bandu Khan alias Jahur Khan (since discharged), accused Bachan Khan (since acquitted), accused Gora Ansar Juley (since discharged) and accused Habib Jan Khan (since acquitted). Then, in presence of local witnesses, the house of Suleman was searched and found 10 grams and 3 grams of opium at two places, with which recovery we are not concerned in this case. Suleman Munchi and the five guests were then arrested and the party along with them proceeded to the house of Mahavir Prasad Bharatia. After leaving P. W. 3 and some others at Mahavir's place, P. W. 1 proceeded to the house of Naresh Das and Naresh Das was arrested on suspicion 'as being implicated with Suleman'. P. W, 1 states that 'after arrest, on being questioned in presence of witnesses, Naresh Das stated that he has kept opium concealed in a thatch field of Achabam Tea Estate'. Then P. W. 1 with his party took Naresh Das. Suleman, Habibjan to the thatch field of Achabam Tea Estate. There, Naresh Das 'pointed in presence of witnesses to certain pits where opium had been placed'. No opium, however, was found there. P. W. 1 then goes on to say 'when asked, accused Naresh told that he had taken away the opium from there and kept it in the hay store of Mahabir Bharatia, and that he would show it to us. Saying so, he took us back and then brought out the opium from the hay store of Mahabir Bharatia situated near the Umatara estate'. The opium was inside a blacktrunk in 57 half -kilogram packets. There was a biscuit tin with 30 half -kilogram packets and another tin with 17 half -kilogram packets of opium and also another one -kilogram packet. A gunny bag contained three packets of opium weighing 5 kilograms. The entire opium weighed 58 kilograms. All these incriminating things were seized as per seizure list, Ext. 1. The car DLI 5860 was also then seized. The key of the car was produced by accused Ahmed Noor Khan alias Nabu Khan. After all this, Mahavir. Suleman, Naresh Das and all the five guests from Delhi were taken away under arrest to Naharkatiya,