DILUWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N.B. Choudhury, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P. for the State.

(2.) This appeal is directed against the Judgment and Order dtd. 13/7/2022 passed by the learned Addl. Sessions Judge No. 3-cum-Special Judge, Nagaon in connection with Special NDPS Case No. 27/2021 convicting Md. Diluwar Hussain and Md. Rashidul Hoque (hereinafter referred to as A1 and A2) and sentencing them to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs.1.00 lac with default stipulation u/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short).

(3.) The genesis of the case was that on 21/2/2021 at about 11:38 PM, the Secretary of the Khatowal VDP informed the police over phone that while he along with the VDP members were patrolling around the Khatowal bazaar, they intercepted one pickup van with two occupants carrying three bags of suspected contraband. The SI Naren Chandra Rabha of Rupahihat P.S. immediately recorded the G.D. Entry and proceeded to the place of occurrence (PO in short) accompanied by OC, Inspector Pintu Pathak, Head Constable Madhab Kalita, UBC Abul Basar and ABC Golap Nath. In the PO and in presence of witnesses a search was made and three (3) bags were recovered from the vehicle. Two (2) packets of suspected ganja were found inside one green coloured bag, two (2) packets of suspected ganja were found inside one black coloured leather bag and one (1) packet of suspected ganja was found inside one green coloured trolley bag. All these five (5) bags were wrapped by 5 packets of black coloured polythene material. These bags were weighed with the help of a Digital Weighing Machine and the weight was found to be 52.30 kg. The vehicle of Tata Zip XL make and the ganja packets were seized in presence of witnesses at the PO. The appellants, A1 and A2 had collected the seized ganja from several places for transportation and sale. An FIR regarding this incident was lodged by S.I. Sri Naren Chandra Rabha (hereinafter referred to as informant) and was registered as Rupahihat P.S. Case No. 128/2021 u/s 20(b)(ii)(C) of the NDPS Act and SI(P) Rana Patar was endorsed with the investigation.