SOHRAB KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. K. Nargis, learned counsel for the appellants and Mr. S. C. Keyal, learned Standing Counsel, NCB.

(2.) All the three appeals are under Sec. 374(2) of the Code of Criminal Procedure, 1973 and against the same impugned judgment and order dtd. 22/4/2019, passed by the learned District and Sessions Judge, Kamrup (M), Guwahati in NDPS Case No. 38/2016 arising out of NCB Crime No. 04/2016, whereby the accused appellants are convicted and sentenced to undergo Rigorous Imprisonment for 20 (Twenty) years with fine of Rs.2,00,000.00(Rupees Two Lakh), in default, imprisonment for another 1 (one) year under Ss. 17(c)/21(c) of the NDPS Act.

(3.) The prosecution case in brief is that a specific information was received from a reliable source on 6/5/2016 at 17:30 hrs., that a delivery of consignment of Morphine and Opium would take place between Md. Abdul Kalam and Md. Mujibur Rahman and two persons namely, Sohrab Khan and Ram Milan near Indira Gandhi Stadium, Sarusajai, Guwahati at 07:00 AM on 7/5/2016. On 7/5/2016 acting upon the said specific information, the officers of NCB, Guwahati intercepted 4(four) persons, who are trafficking Morphine and Opium near Indira Gandhi Stadium, Sarusajai in presence of 2(two) independent witnesses and seized the plastic bags of Opium weighing about 54.648 Kgs and Morphine weighing about 2.060 Kgs wrapped by a brown colour cello tape and kept in white polythene from the accused persons along with Scorpio and the 6 wheeler truck bearing Registration No.WB-58-C-2157 and MN-04-A-1960 respectively. Thereafter, the NCB Crime No. 04/2016 under Ss. 8(c)/21(c)/17(c)/29 of the NDPS Act has been registered against the suspected accused persons and they were also accordingly arrested. Seizure was also completed and on completion of investigation, the Final Complaint has been filed and a case was registered as NDPS Case No. 38/2016.