MANIK DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the appeals have been heard together and disposed of by this common judgment and Order as both the appeals have arisen out of the judgment and Order dated 7-1-2006 passed by the Sessions Judge, Kamrup, Guwahati in Sessions (Spl) Case No. 137(K)/2001 (GR Case No. 2068/2001) whereby the accused appellant Manik Dey was convicted u/S. 20(b)(ii)(B) of the NDPS Act and sentenced to imprisonment for four years and to pay fine of Rs. 20,000/- in default further imprisonment for one year. By the said order the other accused appellant Dulal Saha was convicted u/S. 20(b)(ii)(C) of the NDPS Act and sentenced to imprisonment for 10 years and to pay fine of Rs. 1 lakh in default further imprisonment for 5 years and both the convicts filed two separate appeals.

(2.) Heard the learned counsel for both sides.

(3.) The prosecution case in brief is that on 25-6-2000 around 1-30 p.m. on receipt of tip off, accused appellant Dulal Saha was apprehended while he was proceeding on a bicycle at Sani Mandir, Bamunimaidan carrying 20 kg. of contraband ganja and the said contraband was seized. Therefore, the house of the accused appellant Dulal Saha was searched and another 2 kg. of ganja was found in his house and the same was seized vide another seizure list. During investiga. tion, accused Dulal Saha made a statement that the ganja was procured by him from one Manik Dey, a resident of Routa. Thereafter, the house of the other accused appellant Manik Dey situated near Routa Railways was searched in presence of police and other witnesses and 14.5 kg. of contraband ganja was found in his house. The said ganja was found concealed in the ceiling of the house.