DADUL MECH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the appellant and Mr. P.S. Lahkar, learned Addl. P.P. Assam.

(2.) This appeal is preferred challenging the judgment and order dtd. 23/12/2010 passed by the learned Sessions Judge, Sivasagar in connection with Special Case No. 5 of 2008 convicting Sri Dadul Mech (hereinafter the appellant) u/s 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and sentencing him to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.2,000.00 with default stipulation.

(3.) The brief facts leading to this case are that on 22/8/2008 at about 3:15 PM a naka checking was held jointly by 318 Field Regiment (Army) and the police at Panigash Area under Namtola OP. At about 3:50 PM the appellant was caught red handed along with a bag containing suspected ganja when the appellant tried to avoid the patrolling team. SI Ashim Borah (hereinafter referred to as the informant) seized the ganja (cannabis) from the possession of the appellant after following the proper procedure of law in presence of SDPO of Charaideo, Sonari and other witnesses. Sample was also drawn from the lot and forwarded for forensic examination to Forensic Science Laboratory, (FSL for short), Guwahati. The appellant was arrested as per Sec. 42 of the NDPS Act and forwarded to the SDJM at Sonari. On receipt of the expert opinion, the informant lodged the FIR (Ext.-9). The FIR was registered as Sonari P.S. Case No. 205 of 2008 u/s 20 of the NDPS act and ASI D.K. Sharma (hereinafter the IO) was entrusted with the investigation.