BIPIN KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Mitra, learned counsel for the appellant in Criminal Appeal No. 219/2023 and Mr. M Pathak, learned counsel for the appellants in Criminal Appeal No. 171/2023. Also heard Mr. R R Kaushik, learned Additional Public Prosecutor, Assam for the State.

(2.) These two appeals have arisen out of the same impugned judgment and order dtd. 9/3/2023 passed by the learned Special Judge, Bongaigaon in Special (Nar) Case No. 23(BGN)/2022, convicting all the three appellants under Sec. 20 (b)(ii) (C) of the ND&PS Act. The appellants have thereafter been sentenced to undergo rigorous imprisonment for 15 (fifteen) years and to pay a fine of Rs.1,00,000.00 (one lakh) each, in default of payment of fine, further simple imprisonment for 6 (six) months.

(3.) The prosecution's case in brief is that the appellants were apprehended by the police on 13/2/2022 at about 13:38 PM at New Bongaigaon Railway Station on their arrival on the Deogarh Express Train. A search of the blue trolley bag carried by Suraj Kumar Roy and the plastic sack held by the other 2 appellants, showed that they had carried a total of 21.1 Kgs of Ganja. The blue trolley bag of Suraj Kr. Roy contained 10.21 Kgs. of Ganja, while the plastic sack belonging to the other two appellants, i.e., Bipin Kumar and Vira Mahato contained 10.8 Kgs. of Ganja.