MALBER KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel appearing for the appellants. Also heard Ms. S. Jahan, learned APP, Assam, appearing for the State.

(2.) Assailing the judgement dtd. 11/12/2017 passed by the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati, in connection with NDPS Case No. 07/2016 convicting both the appellants under sec. 20(b)(ii) (C) read with sec. 29 of the NDPS Act, 1985 and sentencing each of them to undergo rigorous imprisonment for 12 years and also to pay fine of Rs.1,00,000.00 each, the present appeal has been preferred.

(3.) The prosecution case, in a nut shell, is that on 29/11/2015, both the appellants were caught red-handed at around 5-45 a.m. by the GRPF personnel carrying 3 (three) bags containing 'Ganja' (Canabis). The RPF personnel on duty at the Kamakhya Railway Station had apprehended the two accused persons along with three bags containing four packets of 'Ganja' like substance and handed them over to the Police. Nk 165 Noor Mohammad Ali informed the matter to the Police, based on which Kamakhya GRP O.P. GDE No. 589 dtd. 29/11/2015 was made.On 29/11/2015, Sub-Inspector (SI) of Police Sri Mahesh Baishya had lodged an ejahar before the Officer In-Charge. Kamakhya GRP O.P reporting the incident, based on which Guwahati GRPS Case No. 204/2015 was registered under sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 (here-in-after referred to as the "NDPS Act"). The matter was then taken up for investigation by ASI Sri Dinesh Medhi. During the course of investigation, the statements of the witnesses were recorded and the samples drawn from the seized packets were sent for FSL examination. On conclusion of investigation, charge sheet was submitted against both the appellants/accused persons. After hearing the parties and on consideration of the materials available on record, the learned trial Court had framed charge under Sec. 20(b) (ii) (C)/29 of the NDPS Act, 1985 against both the accused persons. Since the accused persons /appellants had pleaded not guilty and claimed to be tried, the matter went up for trial.