MAJEM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Dutta, the learned counsel for the appellant. Also heard Mr. M. P. Goswami learned Additional Public Prosecutor, Assam, appearing for the State.

(2.) This appeal is filed assailing the judgment and order dtd. 22/2/2023, whereby the learned Special Judge (Addl), Dhubri in Special Case No. 213/2022 convicted the appellant under Sec. 22(c) of the NDPS Act, 1985 and sentenced him to undergo rigorous imprisonment for 10 years and also directed to pay fine of Rs.1,00,000.00 (one lakh) in default to undergo simple imprisonment for six months.

(3.) The prosecution case as unfolded from the materials available on record is to the effect that on 28/1/2022, while the informant was conducting patrolling duty, at about 1.20 pm, a motorcycle rider was detained on suspicion and found six numbers of Phensedyl Cough Syrup (100 ml each), 5 numbers of ESKUF Cough Syrup (100 ml each) and 48 numbers of Nitrosun-10 tablets and cash amount of Rs.910.00. Accordingly, Golokganj PS case No. 42/2022 under Sec. 22(c) of the NDPS Act, 1985(herein after referred as Act ,1985) was registered.