HEMANTA BORDOLO Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 24.4.2002 passed by the learned Special Judge, Cachar, Silchar in Special Case No. 21/98 whereby the accused appellant was convicted and sentenced to rigorous imprisonment for ten years for the offence under Section 21 of the NDPS Act.

(2.) The prosecution allegation is that on receipt of certain information, Shri Sudip Kumar Dutta, Intelligence Officer, Directorate of Intelligence, Silchar accompanied by other officials visited the Tea Stall, situated near All India Radio, Silchar and found accused Hemanta Bordoloi sitting there along with a carry bag in his possession. Thereafter the said carry bag was searched and two polythene packets containing 910 gms of alleged heroin were found. The contraband was sealed and seized in presence of witnesses and thereafter it was sent to Forensic Science Laboratory for chemical examination. The accused was arrested. On receipt of the report of the chemical examiner that the seized contraband is heroin, the accused appellant was prosecuted and he was charged for commission of the offence under Section 21 of the NDPS Act. During trial the prosecution examined two witnesses and produced and examined certain documents. On conclusion of the trial the learned trial Court convicted the accused appellant under Section 21 of the NDPS Act and sentenced him to R.I. for 10 years and to pay a fine of Rs.1 lakh. Hence, the present appeal.

(3.) We have heard Shri J.M. Choudhury, learned Senior Advocate, Mr. B.K. Ghosh, learned Sr. Advocate for the appellant and Shri C. Choudhury, learned Sr. Standing Counsel for the Union of India.