DIPU AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD the learned counsel for both sides.

(2.) BOTH the appeals have been heard together as they have arisen out of a common Judgment and Order dated 12. 10. 2001 passed by the Sessions Judge, Golaghat in Special Case No. 4/2000 whereby the two accused appellants were convicted under Section 17 of the NDPS Act, for short 'the Act' and sentenced each of them to undergo Rigorous Imprisonment for 10 years each and to pay a fine of Rs. 1,00,000/- in default further RI for one year.

(3.) THE prosecution case in brief is that on 23. 9. 2000 on receipt of certain information the Officer-in-Charge of Golaghat Police Station along with other staff went to the Golaghat Public Bus Stand and found the accused appellant Chandra Shyam sitting in a bus. The person of the said accused was searched and 110 grams of opium was found in his possession and recovered the same. The accused was apprehended and thereafter the said accused Chandra Shyam alleged to have informed that he purchased the said opium from one Dipu Ahmed, the co-accused in Criminal Appeal No. 394/2001 for consideration of a sum of Rs. 500/- and on being led by Chandra Shyam, police searched the house of the accused appellant Dipu Ahmed and they found 2 Kg. 800 Gms. of opium from the granary of accused Dipu Ahmed and both the accused appellants were apprehended. The seized sample of opium was sent to the Forensic Science Laboratory who submitted a report that both the samples gave positive test for opium.