PRADIP SHAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 15.7.2003 passed by the learned Special Judge, Kokrajhar in Special Case No. 15 of 2002 convicting the appellant under Section 20(b)(l) of the NDPS Act, 1985. On conviction, the learned Special Judge sentenced the appellant to suffer Rigorous Imprisonment for 4 years and to pay a fine of Rs. 30,000/-, in default, to further Rigorous Imprisonment for two months.

(2.) Shri A.S. Choudhury, learned senior counsel appeared for the appellant, while Shri B.S. Sinha, learned Public Prosecutor appeared for the respondent State.

(3.) The appellant was prosecuted for possessing 85 packets of ganja concealed in a separate cabinet inside the hold of the truck No. WMK 8859. The truck was searched in the National Highway 31 -C by Shri Ranjit Kr. Basumatary, S.I. of Police on 6.3.2002 and the aforesaid quantity of ganja was detected and seized. On completion of investigation, the Sub Inspector of Police submitted dharge sheet against the appellant under Section 20(b)( 1) of the NDPS Act. Charge was accordingly framed against the appellant under the aforesaid Section of law and explained to him to which he pleaded not guilty and claimed to be tried.