BATUNGSI RAI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. S. K. Deori, learned counsel for the appellants. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent.

(2.) This is an appeal filed under Sec. 374 (2) of the Code of Criminal Procedure against the impugned judgment and order dtd. 23/3/2023, passed by the learned Special Judge (NDPS), Tezu, in NDPS Case No. 01(LDV)/2016, convicting the accused appellant under Sec. 17(b) of the NDPS Act, 1985, and sentenced him to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs.50,000.00 in default Simple Imprisonment for 6 (six) months.

(3.) The brief facts of the prosecution case is that on 12/6/2015, at about 1430 hours, one written F.I.R. was submitted by Sub-Inspector S. M. Singha before the Officer-In-Charge, Roing Police Station, alleging inter alia that 2-3 numbers of ladies, who supply opium in Roing Township area, are likely to reach Roing by State Transport Bus from Tezu with huge quantity of opium to supply to their customers. On receipt of the information, at 10.30 hours, a police team led by S.I. S. M. Singha went to the State Transport Office premises at Roing and nabbed 3 (three) ladies, namely, (i) Smti Batungsi Rai @ Bakamlu Pul, (ii) Smti Sangsi Krong @ Bajusai Sambal and (iii) Smti Thongsi Bengia @ Temlu Pisa. During search, the opium like substance weighing 3 Kg 622 grams in total were recovered from the their possession and seized at the spot complying all necessary procedures. On receipt of the said F.I.R., the Officer-In-Charge, Roing Police Station, registered Roing P.S. Case No. 49/2015, under Sec. 17(c) of the NDPS Act r e a d wit h Sec. 34 of the Indian Penal Code, and the investigation was taken up by Sub-Inspector S. M. Singha. During investigation, 1516.92 grams of opium strip cloths numbering 117 pieces were seized from Smti Batungsi Rai @ Bakamlu Pul (Rai), 838.80 grams of opium strip cloths numbering 66 pieces were seized from Smti Sangsi Krong @ Bajusai Samba and 1277.28 grams of opium strip cloths numbering 99 pieces were seized from the possession of Smti Thongsi Bengia @ Temlu Dellang (Pisa). The said opiums were seized in presence of the witnesses and samples were also marked and thereafter the samples were produced before the learned Chief Judicial Magistrate, Roing, along with the seized materials in sealed packages and then it was kept in malkhana. The said sample packages were marked as A1, B1 and C1 and forwarded to FSL Banderdewa and accordingly, as per FSL report, it was identified as opium and thereafter, the Charge-Sheet was filed against the accused persons under Sec. 17(c) of the NDPS Act.