SHYAMAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. C. Das, learned counsel for the appellants. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

(2.) This is an appeal under Sec. 374 of the Code of Criminal procedure, 1973, against the judgment and order dtd. 17/12/2012, passed by the learned Special Judge, Jorhat, in Special Case No. 04/2011, convicting the accused/appellants under Sec. 21(C) of the NDPS Act and sentencing them to suffer R.I. for 10 (ten) years each and also to pay a fine of Rs.1,00,000.00 (Rupees one lakh) only each in default S.I. for 6 (six) months.

(3.) The brief fact of the prosecution case is that an F.I.R. was lodged by one Shri Roma Kanta Bora, ASI of Police, alleging inter alia that on 4/11/2011, at about 1.30 a.m., while he along with his staff were doing the patrolling duty, they noticed one vehicle, bearing Registration No. AS-03C/2991 (Maruti Car), coming from Mariani side and while the vehicle reached at Khatisona Tini-Ali, he, on suspicion, asked the vehicle to stop and accordingly, the vehicle was stopped. But, while the vehicle was about to stop, one packet was seen to be thrown out from the vehicle and immediately the packet, which was thrown outside, was picked up and it was found that around 4274 numbers of loose SPM-PRX capsules were inside packet. Accordingly, it was seized and a case was registered, being Mariani P.S. Case No. 133/2011, under Sec. 21(C) of the NDPS Act. The sample was accordingly sent to FSL Guwahati for examination and the FSL report gave the positive test for propoxyphene.