AZAD ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 12.09.2005, passed by the learned Sessions Judge, Kamrup, in Sessions (Spl.) Case No. 35(K)/03, whereby and whereunder, the learned Sessions Judge convicted the appellant under Section 20(b)(ii)(c) of NDPS Act and sentenced him to suffer RI for 10 (ten) years and pay fine of Rs. 1,00,000/-, in default, suffer RI for another period of 3 (three) years. Aggrieved by the said judgment and order of conviction, the appellant, who is undergoing imprisonment from the date of judgment and order, has preferred this appeal.

(2.) Ms, N. Thakuria, learned Counsel, appearing for the appellant, taking this Court through the evidence, on-record, as well as the impugned judgement, has submitted that the prosecution failed to adduce substantive and corroborative evidence, regarding seizure of ganja from the conscious possession of the appellant and as such, the learned trial Judge committed error by recording conviction and sentence. It is also submitted that there is no independent witness, supporting the seizure of ganja from the possession of the appellant and that, there are major contradictions in the evidence of the witnesses, examined by the prosecution, with regard to the place of recovery, seizure and time of seizure.

(3.) The learned Counsel, appearing for the appellant, has further submitted that in the present case, the informant, who lodged the FIR, being a Police Inspector, himself conducted the investigation also and submitted the charge-sheet and as such, the investigation being bias, the conviction, based on such investigation and evidence, collected by the said informant-cum-Investigating Officer, can not be maintained.