DEBESWAR BASUMATARY Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment and order, it is proposed to dispose of two Criminal Appeals, being Crl. A. No. 97/2023, preferred by appellant- Debeswar Basumatary, and Crl. A.(J) No. 91/2022, preferred by appellant- Shajan Karki, as both have arisen out of a common judgment and order dtd. 8/7/2022, passed by the learned Special Judge, Udalguri in Special (NDPS) Case No.06/2019, whereby both the accused/appellants have been convicted under Sec. 20(b)(ii)(c) of NDPS Act and sentenced to undergo Rigorous Imprisonment for a period of 12 (twelve) years and a fine of Rs.1,00,000.00 (Rupees one lakh) only, in default S.I. for another 6 (six) months for the offence.

(2.) Heard Mr. M. Biswas, learned counsel for the appellant in Crl. A. No.97/2023 and Mr A. Chamuah, learned Legal Aid Counsel for the appellant in Crl.A.(J) No. 91/2022. Also heard Mr. S. C. Keyal, learned Special Public Prosecutor, NCB for the respondents.

(3.) The prosecution case, in brief, is that on 13/9/2018, at about 9.30 a.m., an information was received by one Phani Narzary, Intelligence Officer, NCB Guwahati from one Santosh Kumar, DC, SSB, 61 BN SSB Bhairabkunda, District Udalguri, Assam that 900 Chain BOP, SSB had intercepted 102.500 kg ganja in 17 packets along with two persons, namely Debeswar Basumatary and Shajan Karki, with two vehicles bearing Registration No. AS-12AC-4091 Mahindra (Bolero Pickup 2WD) and AS-01BU-0537 Maruti Suzuki (Swift Dzire VZI). Upon receipt of the said information, on 13/9/2018 at about 11:30 am, a team of NCB, Guwahati moved for Bhairabkunda and on reaching the said place, they seized Ganja from the possession of said two suspected persons namely, Debeswar Basumatary and Shajan Karki, along with two vehicles. Thereafter, one Shri Ulunkholal, Intelligence Officer, NCB Guwahati submitted written compliant before the Court for initiation of trial against the two accused persons. Accordingly, the learned Court below took cognizance of the case and framed charges under Sec. 20(b)(ii)(C)/29 of NDPS Act, 1985 and the contents of the charge were read over and explained to the accused, to which they pleaded not guilty and claimed to be tried.