GAUR MONI SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Sri Gaur Moni Singha is a constable in the Central Military Police and he was tried by the Court of the Special Judge, Barpeta in Special (N.D.P.S.) Case No. 1/94 and on conclusion of the trial vide impugned judgment dated 12-6-95 the accused appellant was convicted under Section 20 (b)(i) of the NDPS Act (for short the Act) and he was sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- in default further imprisonment for three months. Hence the present appeal.

(2.) The prosecution case in brief, is that in between the night of 8th and 9th February 1994 while the CRPF personnel were making a regular search/checking of the railway bogies, the accused person was travelling in the Kanchanjanga Express and they asked the accused to allow search of his baggages, the accused resisted the same for giving privilege for being a military personnel whereupon the accused was forced to detrain at Barpeta Road railway platform along with the baggages. There were three pieces of baggage, which included one trunk, one aristocrat suitcase and one carry bag. On opening of the above baggages 20 kgs. of ganja were found in the steel trunk and 20 kgs. were found in the aristocrat suitcase 2 kgs. were found in the carry bag. The contraband ganja along with the railway tickets, identity cards and blue book were seized by seizure list 2 and 3. Samples of the seized articles were sent to the Forensic Science Laboratory, Assam who submitted the report Ext. 5 to the effect that the sample gave positive test for cannabis (ganja).

(3.) During trial, prosecution examined as many as four witnesses. In the present case, report of the Forensic Science Laboratory, Ext. 5 has not been challenged and it is not disputed that the seized article is contraband ganja. The prosecution witnesses have deposed that the accused was travelling in the Kanchanjanga Express and he was detrained at Barpeta Road railway platform and was searched. The fact that he was apprehended at Barpeta Road Railway station at the midnight of 8-2-94 and 9-2-94 and his railway ticket, identity card and blue book etc., were seized, is admitted by the accused in his statement under S. 313, Cr. P.C. as regards the seizure of three baggages, the prosecution witnesses have categorically stated that the accused was carrying three baggages and on being asked, he identified his baggages and when he was asked to get down from the train he did so by carrying those three baggages. The accused person had denied that the steel trunk and the briefcase belonged to him. So far the carry bag is concerned he admits the same.