MONSER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred challenging the judgment and order dtd. 1/3/2023 and 2/3/2023 passed by the learned Special Judge, Goalpara in connection with Special Case No. 14/2022 arising out of Goalpara Police Station Case No. 78/2022 (GR Case No. 378/2022), convicting Manser Ali (hereinafter also referred to as the accused or the appellant) under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and, sentencing him to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000.00 (Rupees One Lac) with default stipulation.

(2.) The case in brief is that on 28/3/2022 at about 5.50 pm, during a naka checking at Bhalukdubi (Goalpara - Agia Road), the appellant was approaching from Goalpara towards Agia in a vehicle of Maruti 800 make, bearing registration No. AS-18D/8110. This vehicle was stopped and searched and three boxes containing 432 SPAS-TRANCAN capsules (Tramadol - a psychotropic substance) was recovered, concealed under the driver's seat. The boxes of capsules were seized and an FIR was lodged and registered as Goalpara Police Station Case No. 78/2022 under Sec. 22(b) of the NDPS Act.

(3.) Investigation commenced and on completion of investigation, charge sheet was submitted against the appellant under Sec. 22(b) of the NDPS Act. At the commencement of trial, a formal charge under Sec. 22 (c) of the NDPS Act was framed and read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried.