MOINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel for the appellant as well as Ms. B. Bhuyan, learned Additional Public Prosecutor for the State.

(2.) The present appeal has been filed against the judgment dtd. 20/4/2022 passed by the learned Sessions Judge, Barpeta in Special NDPS Case No. 31/2021, by which the appellant has been convicted under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentenced to undergo rigorous imprisonment for 15 (fifteen) years and to pay a fine of Rs.1,00,000.00, in default to undergo rigorous imprisonment for 1 (one) year.

(3.) The brief facts of the case is that pursuant to the seizure of 26 numbers of 100 ml Coterex cough syrup bottles and 78 numbers of 100 ml Cossex cough syrup bottles from the house of the appellant on 18/1/2021 at about 6:00 p.m., Barpeta P.S. Case No.133/2021 under Sec. 22(b) of the NDPS Act was registered against the appellant. After investigation had been completed, the Investigating Officer submitted a charge-sheet, having found a prima facie case against the appellant under Sec. 22(b) and (c) of the NDPS Act.