KENDARNATH CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A. Begum, learned legal aid counsel, representing the appellant. Also heard Mr. B. Sharma, learned Additional P.P. for the state respondent.

(2.) This appeal is directed against the Judgment and Order dtd. 2/7/2022, passed by the learned Special Judge, Udalguri, in Special (NDPS) case No. 11/2021, whereby the accused/ appellant was convicted u/s 20(b)(ii)(c) of NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000.00 in default SI for six months.

(3.) The case of the prosecution is that an FIR has been lodged on 9/3/2020, alleging inter alia that on 8/3/2020, on receipt of a specific information regarding transportation of Narcotic Drugs in a white colour Maruti Car from Mazbat towards Orang, a naka checking was conducted at Mazbat new market area. Accordingly, during naka checking one white colour Maruti Car bearing No. ML-05D-0175 was intercepted at Habigaon area. Thereafter, the car was thoroughly checked and during search the accused appellant was found in the car along with three bags containing 22 kgs of Cannabis, which were seized in presence of the witnesses. A case was registered vide Mazbat PS case No. 19/2020 and subsequently the accused/appellant was arrested.