RAJU ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant herein has been convicted under Section 20(b) (ii) (C) of the NDPS Act, 1985 vide judgment dated 20.6.2012 passed by the learned Addl. Sessions Judge, Kamrup in Sessions (Spl) Case No. 176(K) of 2006. After convicting the appellant for the aforesaid offence he has been sentenced to undergo Rigorous Imprisonment for 10(ten) years and also to pay fine of Rs. 1,00,000/- (Rupees one lac) only. Being aggrieved by the conviction and sentence the appellant has preferred this appeal.

(2.) Heard Mr. HRA Choudhury, learned Sr. counsel, assisted by Smt SK Nargis, learned counsels for the appellant and Mr. R. Dubey, learned Standing counsel for the respondent. I was also thoroughly taken to all the oral evidence of the witnesses of the prosecution and the record. I have also considered the prayer of the respondent for allowing them to adduce additional evidence and the said application has been registered as Crl. Misc. Case No. 61 of 2014.

(3.) The gist of the prosecution case is that on 5.1.2006 PW 1, who was the Inspector of Customs Department at Guwahati received a secret information that a truck coming from Tinsukia and going towards Bhopal would be carrying contraband drug (Ganja)