INDAR YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Bhttachargee, learned Counsel who has been appointed today as Amicus Curiae as Mr. P. Mahanta, learned Counsel appointed earlier as Amicus Curiae is found absent when the matter is called for hearing though his name has been duly shown in the Part-II hearing cause list dated 16th of July, 2007 to 31st Aug., 2007. Also heard Mr. P.C. Gayan, learned P.P., Assam.

(2.) This criminal appeal from jail has been directed against the judgment and order dated 8.6.2004 passed by the learned Special Judge, Kokrajhar in Special Case No. 2/03 convicting the appellant under section 20 (b) (1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Narcotic Drugs And Psychotropic Substances Act") and sentenced him accordingly to undergo rigorous imprisonment for five years and fine of Rs. 1 lakh in default to further simple imprisonment for three months.

(3.) The prosecution case in brief is that 7.11.2002 the appellant while driving a Jeep No. O.R.Q-7358 on the National Highway 31 (c) met with an accident and trapped inside the vehicle. He was rescued by the villagers and immediately sent to the hospital. The vehicle was recovered and eleven packets of ganja weighing 75 kg. and 750 gram were found. Accordingly Sub-inspector of Police. Incharge, Kokrajhar Police Station lodged an ejahar with the concerned police station and on the basis of such investigation ensued.