RAHIM UDDIN MAZURBHUYAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 31st July, 2010 of the learned Special Judge, Cachar at Silchar in NDPS Case No. 2/2006, convicting the accused/appellant under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "NDPS Act"). Upon such conviction, he has been sentenced to undergo rigorous imprisonment for 10(ten) years and also to pay a fine of Rs. 1,00,000/ - (Rupees one lakh) and in default of payment of fine, to undergo rigorous imprisonment for a further period of 1(one) year. The prosecution story in brief is that on 8th January, 2006 at about 4:00 a.m. while the informant Shri Forij Uddin, Constable No. 195 of National Highway P.P., alongwith Constable No. 584, Shri Rathindra Sinha was on patrolling duty at the Tri -Junction of the National Highway at Ashram Road, found the auto -rickshaw bearing registration No. AS -11/A -4192 coming from the side of the Sunlight Hospital. Being signaled, the auto -rickshaw stopped at the Tri -Junction and immediately thereafter, two persons from the auto -rickshaw got down and started running away. The informant and his associate raised hue and cry and some public of the said area came out and apprehended the accused/appellant, who was the driver of the auto -rickshaw. However, his associate succeeded to flee away.

(2.) Narrating the aforesaid incident, the informant Forij Uddin lodged an F.I.R. on the same day, i.e. 8th January, 2006. According to the F.I.R., the accused/appellant confessed that he was the driver of the auto -rickshaw and that there were three bags containing ganja weighing 71 kgs. The accused/appellant alongwith his auto -rickshaw was detained at the spot and the matter was informed to the In -charge of National Highway PR, who immediately came to the spot. The accused alongwith the auto -rickshaw with three bags containing ganja weighing 71 kgs. was handed over to the In -charge, National Highway P.P. and simultaneously the informant also lodged the F.I.R. S.I. Ranjit Kr. Dutta, the then In -charge of National Highway P.P. arrested the accused, seized the auto -rickshaw and the ganja bags recovered therefrom. He also took samples from the seized ganja and sent the same to FSL for chemical examination. The F.I.R. so received by the In -charge of National Highway P.P. was forwarded to the Officer -in -Charge of Silchar Police Station and thereafter, Silchar Police Station Case No. 41/2006 was registered under Sec. 20(c) of the NDPS Act. Thereafter, investigation was carried out and on completion of the same charge -sheet was submitted against the accused/appellant under Sec. 20(c) of the NDPS Act. In due course, charge was framed against the accused/appellant under Sec. 20(b)(ii)(c) of the NDPS Act, which was read over and explained to him, to which he pleaded not guilty and claimed to be tried.

(3.) During trial, prosecution examined seven witnesses and also exhibited ten documents in support of its case. The accused/appellant was also examined under Sec. 313, Cr.P.C. In his statement, he denied his involvement in the commission of the offence and pleaded innocence. The learned trial Court, raising the following issue for determination, having answered the same vide the impugned judgment of conviction and sentence, the appellant has preferred this appeal.