MOKSEDUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Surajit Das, learned counsel for the appellant. Also heard Mr. R J Baruah, learned Addl. Public Prosecutor for the State of Assam.

(2.) This is an appeal under Sec. 415 of the BNSS, 2023 against the impugned judgment and order dtd. 30/7/2024 passed by the learned Special Judge, (Addl.) Dhubri in Special (NDPS) Case No. 179 of 2023 arising out of Golokganj P.S Case No. 193 of 2023 convicting the accused/appellant U/S 22(C) of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 (ten) years along with a fine of Rs.1,00,000.00 (Rupees One Lakh) only, and in default of payment of fine, another rigorous imprisonment for another 1 (one) year.

(3.) The prosecution case, in brief, is that the informant S.I Jitumani Baishya lodged an FIR with the O/C of Golakganj P.S on 12/4/2023 stating that I/c of Chagolia O.P had received information from reliable source that a huge quantity of contraband was being kept stored at the house of Moksedul Hoque (A-1) of Chagolia Part-2, backside of Pundibari L.P School and was being sold in the locality. Accordingly, GDE No. 194 dtd. 11/4/2023 was entered and O/C of Golakganj P.S along with other senior officers, were informed, and he was ordered to take necessary action. Written authorization was issued to him by DSP(HQ) as empowered by Govt. of Assam vide Notification No. Ex. 145/85/301 dtd. 15/5/1995 under Sec. 41(2) of NDPS Act. Thereafter, he along with other staff rushed to the spot and arrived at the house of A-1 and met the independent witnesses namely Sankar Sarkar, Patano Adhikary, Manobindu Sarkar and Sofidul Miah. Thereafter, the police team thoroughly searched the house of A-1 and recovered 18 numbers of Eskuf cough syrup of 100 ML each, suspected to have codeine phosphate from the drain kept concealed near the stored bamboo firewood from his possession and seized the same in presence of witnesses following the formalities. The accused person was apprehended and then, the police team returned to the police station along with the accused and the seized articles. Accordingly, the instant FIR was lodged.