DEBOJIT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.R.J. Das, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, the learned Additional Public Prosecutor representing the State of Assam.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the Judgment and Order dtd. 4/10/2021 passed by the learned Sessions Judge, Golaghat in connection with Spl. (N.D.P.S) Case No. 08/2019, convicting Sri DebojitGogoi (herein after referred to as the accused) under Sec. 20(b) (ii) (C) of the Narcotics and Psychotropic Substances, Act, 1985 (NDPS Act for short) and sentencing him to undergo rigorous imprisonment for 10(ten) years and a fine of Rs.1,00,000.00 with default stipulation.

(3.) The genesis of the case was that on 1/4/2019 at about 8.45 A.M., on the basis of a tip off and on the approval of the Superintendent of Police, (SP for short), Golaghat, Sri NarendraNath Barik, TSI of Golaghat P.S. (hereinafter the informant) conducted a search of a vehicle bearing registration No. AS-01-AU- 8094, a Bolero, at the premises of the rented house of the accused at Jyotinagar and recovered 92 Kgs of suspected 'cannabis' from the secret chamber of the Bolero vehicle. The informant seized the recovered cannabis in presence of the witnesses, and at the spot the informant collected 2 (two) samples of 24 gms. each from the bulk, for forwarding the same to the Directorate of Forensic Science (DFS for short) for chemical examination. The informant thereafter, arrested the accused, as per Sec. 41 of Cr.P.C and forwarded him to the Court. The seizure list was also produced before the Court and thereafter, the samples were forwarded to the DFS.