AMZAD ALI Vs. KSH NOBIN CHANDRA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the judge, Special Court (NDPS), Manipur in Special Trial No. 10 of 2000 convicting the appellant on 30.1.02 for commission of the offence u/s 20(b)(i) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter refers as the ND & PS Act) and sentencing him on 31.1.2002 to 3 years R.I. and a fine of Rs. 2,000/- with a direction that in default of the payment of the fine, he was to undergo rigorous imprisonment for two months.

(2.) I have already heard Mr. Kh. Mani, learned counsel for the appellant and Mr. N. Brojendro, learned counsel appearing on behalf of the respondents. The materials before the Court are also perused.

(3.) The said special trial No. 10 of 2000 was registered on the basis of a complaint filed by one Intelligence Officer of Narcotic Control Bureau (in short N.C.B.), Regional Unit, Imphal. In the case, the appellant was charged with the commission of the offence u/s:20(b)(i) of N.D. & P.S. Act alleging that on [ 8.1.2000 in the morning, he was found having illegal possession of 165 Kgs. of contraband Ganja by concealing in the hidden chamber of the Tata truck bearing registration No. AS-25/5097 of which he was the Driver at the relevant time. The appellant is found to have pleaded not guilty. 7 PWs were examined on behalf of the prosecution/claimant during the trial, 2 DWs were examined on behalf of the defence.