SATYAJIT HAZARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals were heard together analogously and disposed of by this common judgment. Both these appeals have arisen out of a common judgment dated 16.2.2004 passed by the learned Special Judge, Cachar in Special Case No. 5/01, wherein the learned trial Court convicted the two accused appellants Rabindra Singha and Satyajit Hazari under S. 20(1) (C) of the NDPS Act for possession of 60 Kgs. of Ganja and sentenced each of them to undergo R.I. for 12 years and to pay a fine of Rs. 1,50,000/- each, in default to further imprisonment for one year each.

(2.) The prosecution case, in brief, is that on 14.6.2001 while the Maruti Van, bearing registration No. MZ-01/5467 was proceeding towards Silchar from Lakhipur side with some passengers, Shri K.C. Das, an A.S.I, of Police of Rongpur Patrol Post signaled the driver of the vehicle to stop for routine check up. However, the driver of the vehicle instead of stopping reversed the vehicle and drove back the vehicle towards Lakhipur side. Shri K.C. Das conveyed this information to Sri Hiralal Dey, S.I. of Police, Udharbond PS. who immediately took action and went in search of the said vehicle and ultimately chased the said vehicle and detained the same at Mornarbond Monipuri Basti, near the house of one Ebabi Singh. The two accused appellant Satyajit and Rabindra were found sitting inside the said Maruti Van. Thereafter four numbers of Airbags and to numbers of suitcases were found inside the vehicles. On checking the air bags and suitcases, it was found to have contained contraband Ganja and when it was weighed, the total weight came to 60 Kgs. The said Ganja was seized and thereafter it was sent to chemical examiner, who submitted report that the sample is that of cannabis (Ganja). The accused appellants were tried and subsequently convicted as aforesaid. Hence the present appeal.

(3.) During trial, the prosecution examined, as many as, seven witnesses, Rahim Uddin, P.W. 4; Kshitish Chandra Das, P.W.-6 and Hiralal Dey, P.W.-7 have all deposed about the seizure of 60 Kgs. of Ganja from the possession of the accused persons. The vehicle in which the Ganja was carried was also seized. Although the prosecution witnesses have been cross examined we find that there is no meaningful cross examination and the evidence has remained intact and the defence has failed to dislodge the testimony of the officials as well as independent witnesses as regards the recovery and seizure of 60 Kgs. of Ganja from the possession of the accused persons. Further, the quantity of the Ganja seized categorically rules out the possibility of planting. Moreover, in the present case there is nothing on record to show that the police officers had any animus with the accused persons; as a matter of fact, the accused persons are all strangers and their conduct in backing out and reversing the vehicle led to the suspicion of the patrol party with something amidst and the concerned Police Officer, K. C. Das acted promptly, which led to the seizure of the contraband. The trial Court has also considered the report of the F.S.L. to hold that the seized article is Ganja.