PRADIP JHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bhattacharya, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent.

(2.) This is an appeal under Sec. 374 of the Code of Criminal Procedure against the impugned judgment and order dtd. 26/11/2020, passed by the learned Special Judge Cum District and Sessions Judge, Udalguri, in Special (NDPS) Case No. 20 of 2015, arising out of Mazbat P.S. Case No. 20/2015, under Ss. 20(b)(ii)(C)/27(A) of the NDPS Act, whereby, the present accused/appellant was convicted under Sec. 20(b)(ii) (C) of the NDPS Act, along with the co-accused, namely, Rinush Basumatary, and thereby sentenced to undergo R.I. for 15 years along with a fine of Rs.1,00,000.00 in default to undergo S.I. for another 6 (six) months.

(3.) The brief fact of the case is that on 1/4/2015, a team of Narcotics Control Bureau (NCB), Guwahati Zonal Unit, arrived at Mazbat Police Station and shared a written information that one Pradip Jha of Mazbat was involved in trafficking of Ganja and huge quantity of Ganja was presently stocked at a Godown at Panbari. On the basis of the said information, at about 9.00 p.m., a joint search operation was conducted by the NCB and Udalguri Police at the suspected Godown at Panbari in the house of one Samiran Basumatary on being led by Shri Pradip Jha in presence of SDPO Bhergaon. During the search, 30 packets of suspected Ganja weighing approx. 660 Kgs was recovered from the said house and out of which, 24 packets were of 20 Kgs and 6 packets were of 30 Kgs. The recovered suspected Ganjas were accordingly seized at the place of occurrence on being authorized by SDPO Bhergaon. The sample packets were also prepared at the place of occurrence in presence of witnesses. The accused persons, namely, Pradip Jha and Rinush Basumatary, were examined at the place of occurrence and were accordingly arrested. As per the statement of Rinush Basumatary, said Pradip Jha was involved in financing of trafficking Ganja. And, accordingly the F.I.R. was lodged.