SANTOSH KR. PANDEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 12.05.2008 of the learned Special Judge, Sonitpur, Tezpur in Special (NDPS) Case No. 02/2005. By the said judgment, while convicting the accused/appellant along with another namely, Anil Kumar Mishra u/s. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, he has been sentenced to undergo rigorous imprisonment for 10 (ten) years with fine of Rs. 1,00,000/ - (Rupees one lakh) and in default of payment of fine, to undergo further rigorous imprisonment for 06 (six) months. On 16.01.2005, the Sub Inspector of Police, Dhekiajuli Police Station, lodged an Ejahar with the Dhekiajuli Police Station with the allegation that the Officer -in -Charge of the said Police Station came to know from reliable sources that some persons wearing Army dresses were carrying Ganja illegally in a bus bearing registration No. AS -10 -4414, which was coming from Tezpur and going towards Siliguri. On being so informed, the Officer -in -Charge, Dhekiajuli Police Station furnished the information to Circle Inspector of Dhekiajuli and as per the order of the said Circle Inspector, the informant along with Sub Inspector, Nagen Bora left for conducting search on that vehicle on the 52 National Highway. On 15.01.2005 at about 4.15 p.m., the informant Nandeswar Das had given signal to stop the bus and when the bus stopped, he along with Officer -in -Charge of Dhekiajuli Police Station conducted search on the said bus and seized the following articles from the possession of the accused persons: -

(2.) ON receipt of the FIR, Dhekiajuli P.S. Case No. 18/2005 was registered u/s. 140 IPC r/w. Section 20(b)(i) of the NDPS Act and Sri Nandeswar Das, Sub Inspector of Police was entrusted with the investigation. Dhekiajuli P.S. GD Entry No. 521 dated 15.01.2005 was made in connection with the case. The Investigating Officer seized the contraband articles in presence of witnesses and weighed the same. The Investigating Officer also took samples from the seized articles and sealed the same in presence of witnesses and sent the samples to the Director of Forensic Science Laboratory, Guwahati for examination. As the samples showed positive test for Cannabis (ganja), the Investigating Officer submitted charge sheet against the accused persons u/s. 140 IPC r/w. Section 20(b)(i) of the NDPS Act.

(3.) DURING trial, the prosecution examined 09 (nine) witnesses. The accused persons were also examined u/s. 313 Cr.P.C.