UNION OF INDIA Vs. BALWINDER SINGH

JUDGEMENT

(1.) Heard learned Standing Counsel Mr. S.C. Keyal for the appellant and learned Amicus Curiae Mr. D. Gogoi for the respondents Shri Balwinder Singh and Shri Binoy Daimary.

(2.) The appellant Union of India has filed this application under Sec. 378 (2) of the Code of Criminal Procedure, 1973 (the CrPC for short) read with Sec. 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short) challenging the judgment and order dtd. 14/12/2009 by the learned Additional Sessions Judge, Kamrup, Guwahati in connection with Sessions (Special) Case No. 45(K)/2008, passing an order of acquittal of Balwinder Singh and Binoy Daimary (hereinafter referred to as the respondents or R-1 and R-2 respectively).

(3.) The genesis of the case was that on 17/9/2007, on a tip off, a team of Officers of Anti-Smuggling Unit, Guwahati Customs Division, rushed towards Baihata Chariali, Kamrup and kept vigil over the commuting vehicles. As a result of the surveillance, the officers spotted a truck of TATA model bearing registration No. NL-08/A-0437 at about 16.30 hrs. on NH-52 at Baihata Chariali. As the details of the truck matched with the information, the truck was halted. The respondents were the occupants in the truck. On being confronted, the respondents denied that they were carrying any contraband in the truck but on further enquiry, the driver admitted that they were carrying cannabis (ganja) in the truck.