LAWS(GAU)-2023-1-124

AMAR ROY Vs. STATE OF ASSAM

Decided On January 27, 2023
Amar Roy Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. D. Gogoi, learned counsel for the accused-appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent.

(2.) This is an appeal filed under Sec. 374(2) Cr.P.C. 1973, challenging the judgment and order of conviction passed by the ld. Sessions Judge(Spl.), Kamrup in Sessions(Spl.) Case No. 371(K-G)/2009 under Ss. 20(b)(ii) (C) of NDPS Act, whereby the accused/appellant was sentenced to undergo rigorous imprisonment for 10(ten) years and to pay a fine of Rs.1.00,00,000.00 in default, further imprisonment for 6(six) months.

(3.) The fact what emerges from the FIR is that on 29/11/2009 at around 11:20 a.m. the Officer-in-charge of Bharalumukh police station received a secret information that in the godown of accused/appellant Amar Roy some contraband ganja and explosive substances were kept situated at Fatasil ASEB colony. The information was entered in General Diary vide Bharalumukh P.S. G.D. Entry No. 1410 dtd. 29/11/2009. Thereafter, the Deputy Superintendent of Police, Pandu Division, authorized the S.I. Fakaruddin Barbhuyan to investigate the case. Accordingly, S.I. Fakaruddin Barbhuyan along with staff of Bharalumukh police station visited the godown of the accused/appellant Amar Roy at Fatasil ASEB colony. On being searched, 270 nos. of packets wrapped with colourful gift papers and some explosives were also recovered in the said godown. About 170 kg of ganja were seized in presence of the witnesses. The sample of the ganja were drawn, packed and sealed in presence of the witnesses. Subsequently, the samples were sent to the FSL for chemical examination. On the basis of the report from FSL, Guwahati, it was found that the samples gave positive test for Cannabis (ganja). Thereafter, the accused Amar Roy and Gopal Singh were arrested. Subsequently, after completion of investigation, charge-sheet was submitted against both the accused persons under Sec. 20(b)(ii)(C) of NDPS Act.