SWMKUR MOCHAHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel appearing for the appellants, and Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State/respondent No.1.

(2.) Both the appeals are directed against the judgment and order dtd. 22/1/2022 passed by the learned Special Judge, Udalguri in connection with NDPS Case No.35/2018 convicting the appellants Swmkur Mochahary (A1 for short) and Munna Mochahary (A 2 for short) under Ss. 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) and sentencing them to undergo Rigorous Imprisonment (R.I.) for 12 years and to pay a fine of Rs.1,00,000.00 each with default stipulation.

(3.) The learned counsel for the appellants, Mr. A. Ahmed laid stress in his argument that this case is replete with contradictions and procedural defects. The trial Court erred by convicting the appellants ignoring the contradictions and the procedural defects. It has been emphasized through the argument that the Investigating Agency did not follow the proper procedure as per Sec. 52(A) of the Act. It is submitted that the testimony of the witnesses are not consistent. PW-1 testified that three packets of cannabis weighing 60 kgs were recovered from the vehicle whereas, P.W. 10 testified that two bags of cannabis were recovered from the vehicle which was intercepted while transporting the contraband. It was argued that the S.I. Jatin Ch. Deka, the informant, (P.W. 1) acted dehors his jurisdiction because he lodged the FIR as S.I. of Udalguri P.S., but he was posted as I/C of Bhairabkunda O.P. at the time of lodgment of the FIR "Exhibit 1".