SRI BIRAJ KALITA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.8.2012 passed by the learned Sessions Judge, Barpeta in Special (NDPS) Case No. 2/2012 convicting the appellant under Section 20(b) (i) of the NDPS Act and sentencing him to rigorous imprisonment for 4 (four) years and to pay fine of Rs. 20,000/ -, in default, to rigorous imprisonment for one year.

(2.) The factual aspects of the case sans unnecessary details are that on 27.01.2012, the Officer -In Charge, Sorbhog Police Station, on receiving secret information that the accused appellant was proceeding towards Balabhitagaon in his motor cycle carrying cannabis (ganja), made GD Entry No. 823 dated 27.01.2012 and immediately proceeded towards the spot with other staff members including Sub -Inspector of Police Basant Kumar Bora. At about 5 pm they noticed the accused appellant riding a motor cycle carrying 2 bags in the backside and proceeding towards Balabhita and when the police party tried to intercept him, he diverted his motorcycle and entered into the campus of one Mohuruddin. Following his trail, the police party also entered into the campus and on conducting search of the bags found in the motor cycle, they recovered suspected cannabis (ganja) in two air bags tied with the motorcycle. Immediately information was given to the Superintendent of Police, Barpeta and he immediately deputed the Deputy Superintendent of Police (Head Quarter), Barpeta to the place of occurrence. The Deputy Superintendent of Police (Head Quarter) on arrival at the spot, having come to know about the recovery of the materials, authorized Sub Inspector Basanta Kr. Borah to seize the suspected cannabis (ganja) found in the bags carried by the accused appellant and accordingly those were seized in presence of D.S.P. (Head Quarter) by the Sub -Inspector Basanta Kr. Borah. He also took weight of the seized ganja on the spot by collecting weighing scale and took four samples in four separate bags. Sketch map was prepared, the accused appellant was taken into custody and was brought to the police station along with the materials seized from his possession. On 29.01.2012 the samples were sent to FSL for examination and after obtaining the FSL report which gave positive test for cannabis (ganja), Sub -Inspector Basanta Kr. Borah lodged a formal FIR against the accused appellant and handed over the case diary to the Officer­In -Charge of Sorbhog Police Station with all the connected papers.

(3.) On the basis of the FIR a case was registered under section 20 (b) of the NDPS Act and on conclusion of investigation charge sheet was submitted under the said section. The accused appellant pleaded not guilty and claimed to be tried.