NAVEEN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel for the appellants. Also heard Mr. S.C. Keyal, learned Standing Counsel, Customs for the respondents.

(2.) This appeal is directed against the Judgment and Order dtd. 18/10/2016 passed by the Additional Sessions Judge-cum-Special Judge No. 2, Kamrup (M) Guwahati in NDPS Case No. 10/2015 convicting accused persons,(1) Naveen Kumar @ Naveen Prakash (hereinafter referred to as A1) and (2) Rakesh Babu@ Rakesh Kumar (hereinafter referred to as A2). Both A1 and A2 were convicted vide Judgment and Order dtd. 18/10/2016 under Ss. 20(b)(ii)C/29 of the NDPS Act to undergo RI for 10 years and to pay a fine of Rs.1,00,000.00 (Rupees one lakh only) each with default stipulation.

(3.) The case in brief is that on 19/8/2014, acting on specific information, the officers of Anti-Smuggling Unit, Guwahati Customs Divisions, intercepted a truck bearing Registration No. HR-55-N-2225 at Baihata Chariali at about 0330 hours. The Custom Officers recovered 20 packets of suspected cannabis concealed by a load of miscellaneous Emami products, from a truck which can be described as a 10 wheeler truck. 804.64 Kgs of suspected cannabis was seized by the Custom Officers which was carried by the truck meant for transporting Emami products. The driver of the vehicle was A1 while A2 was the helper. The contraband was seized as per procedure and inventory was prepared and thereafter the appellants were arrested and forwarded to the Court. A formal complaint against the appellants was filed after positive test of cannabis was received from the forensic laboratory and the appellants were booked under Ss. 20(b) (1) C/29 of the NDPS Act.