PHULJHARI DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 13. 8. 2001 passed by the learned Special Judge, Sibsagar in Special (N. D. P. S.) Case No. 1/1996 convicting both the appellants under Section 18 (b) of the NDPS Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh. In default, the appellant No. 1 has been sentenced to undergo rigorous imprisonment for three months and the appellant No. 2 to undergo rigorous imprisonment for six months.

(2.) I have heard Mr. P. Bora, learned counsel for the appellants and also Mr. K. C. Mahanta, learned Public Prosecutor, Assam.

(3.) MR. P. Bora, learned counsel for the appellants argued that the seizure of the opium from the alleged possession of the appellants has not been in accordance with the provisions of law, the seizure is not supported by any independent witness, the evidence of PW 1, Inspector of Excise, is not adequate enough to warrant conviction without corroboration from independent source, and that the confessional statements of the appellants are inadmissible in evidence. That apart, Mr. Bora submitted that the learned Special Judge has not considered the defence evidence, particularly the evidence of DW 1 which would show that the appellant Shri Deva Kumar lives in a separate house and was in no way connected with the alleged offence.