JAHUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant was convicted under Section 22(b) of the NDPS Act by the learned Special Judge, Morigaon in connection with Special Case No. 4 of 2005 and was sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/-. in default to suffer rigorous imprisonment for another 3 (three years). The facts leading to the filing of this appeal may be stated in brief as follows -

(2.) On consideration of the documents referred to in Section 173 Cr.P.C. and also after hearing the learned counsel of both the parties, a charge under Section 22(b)(c) of the NDPS Act was framed against the accused. On reading over and explaining the charges, the accused pleaded not guilty and claimed to stand the trial.

(3.) During trial, the prosecution examined as many as eight witnesses and the defence adduced no evidence. Although the defence denied the alleged recovery and seizure of any article during cross-examination of the PWs., but the accused person in his statement recorded under Section 313 Cr.P.C., pleaded that police recovered some quantities of heroin from his house which were kept by him for his own consumption.