LAWS(GAU)-2024-7-26

KEBEJII NGOUPUNI Vs. STATE OF ASSAM

Decided On July 30, 2024
Kebejii Ngoupuni Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 22/11/2011, passed by the learned Sessions Judge, Golaghat, in Special Case No. 3/2010, Golaghat PS GD Entry No. 800 dtd. 20/12/2009, under Ss. 20 (b) (ii) (C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS, for short), whereby Sri Kebejii Ngoupuni and Smt Dephro Lakho (hereinafter, also referred to as the appellants or the accused), were convicted under the aforementioned Sec. of law and sentenced to undergo Rigorous Imprisonment for 10 year and to pay a fine of Rs.1,00,000.00 (Rupees One Lac Only) each, with default stipulation.

(2.) The genesis of the case was that, on the evening of 20/12/2009, at Rangajan, in National Highway - 39 (shortly as NH-39), under Golaghat Police Station of Golaghat District, 1 quintal, 1 kg, 130 grams of suspected ganja, packed in 25 packets of black polythene paper were recovered from the possession of the appellants, while they were carrying the contraband in a Maruti Gypsy, bearing Registration No. NL-04/3985. Then Golaghat PS Case No. 64/2010 under Sec. 22 of the NDPS Act, was registered on the basis of an FIR loldged by Sri Tileswar Konwar, SI of Golaghat Police Station (hereinafter, also referred to as the informant and the Investigating Officer, IO, in short), who after completion of investigation, submitted charge sheet against the appellants under Sec. 22 of the NDPS Act.

(3.) At the commencement of trial, charges under Sec. 20 (b) (ii) (C) of the NDPS Act were framed and read over and explained to the appellants, who abjured their guilt and claimed to be tried. To substantiate its stance, the prosecution examined 10 witnesses and the defence cross-examined the witnesses to refute the charges.