L BISHWANATH SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) On 18.12.1993, the appellant, as per the prosecution case, was found moving in a suspicious manner near Apsara Cinema Complex. Guwahati and talking with some young Manipuri boys in a whispering tone. Apprehending some doubt over the appellant, regarding his activities, P.W.1, Chandradhsr Singh accosted the appellant and then he noticed that the appellant was trying to hide something in his pocket. When he caught the appellant by hand, the appellant challenged him. P.W.1, at that time, saw a police constable, in uniform, moving at the place and requested him to take the appellant to Thana', but his request was refused. Then P.W. 1 forcibly took the appellant on a rickshaw to Hari Mandir situated at Manipuri Basti. By that time many persons gathered there. Meanwhile, P.W.3, Lokeswar Singh, President of the Mandir and Manipuri Basti Welfare Committee, and P.W.4 Shyamsundar Singh, and one Basana Singh arrived there to whom P.W. No. 1 told that he had brought the appellant on suspicion and asked them what to do with him. Thereafter they decided to hand over the appellant to the Police. Accordingly, they sent one Samarjit Singh to inform Narcotic cell situated at Ulubari, Guwahati to inform about the matter. From the said Office, P.W. 10, Parimal Choudhury, Inspector, C.I.D. with other staffs arrived at the place-and they searched the accused person and recovered 3 purias containing white colour substance, alleged to be heroin from his pocket and made a field test and seized the same accordingly. On being questioned by them, the appellant led them to Metro Hotel at Paltan Bazar to Room No. 22 where two other associates, viz., Kh. Sourchandra Singh and his wife Smt. Promodini Devi were staying. There, Sri Kh. Sourchandra Singh, brought out a polythene packet from the midst of other papers lying on the table which contained 250 mg. of heroin and hence the same was seized. Smt. Promodini Devi was also searched and a cash of Rs. 5,000 was recovered from her purse which was also seized. All those three persons were arrested and during interrogation, Kh. Sourchandra Singh made his statement regarding concealment of heroin at the hotel. On being led by Kh. Sourchandra Singh, another search and seizure were made in respect of 4 gram 250 mg. of heroin from the curtains hanging on the doors and windows of the hotel of Room No. 22 and the same was also seized.

(2.) A report of the Forensic Science Laboratory to which the sample of the seized contraband was sent, confirmed the sa'mple to be heroin. After completion of the investigation, police submitted charge sheet against all these 3 accused persons under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act').

(3.) The learned Sessions Judge framed charge against all these 3 (three) accused persons including the appellant under the aforesaid section of the Act to which the accused persons along with the appellant pleaded not guilty.