BINOY KUMAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24.10.2008, passed in Sessions (Special) Case No. 6(K)/2007 by the learned Sessions Judge, Kamrup, Guwahati, convicting the accused/appellant under Section 20 (b) (II)(B) of the Narcotic Drugs and Psycho-tropic Substances Act, 1985 (hereinafter referred to as the "Act") and sentencing him to RI for 2 (two) years and fine of Rs. 10,000/-in default, RI for another 3 (three) months.

(2.) On receipt of an information that the accused/appellant, a GRPF Constable, kept some contraband-suspected to be ganja, in his quarter, the Officer In-Charge of Rangia Police Station, Sri Biren Borgohain reduced the same into writing, vide GD Entry No. 141, and authorised Md. Amjad Ali, SI of Police, to take required steps as per procedure. Thereafter Md. Amjad Ali, along with some other Police officials and Civil officials, searched the house of the accused/appellant observing the prescribed Rules and Procedure.

(3.) On such search, the SI of Police, Md. Amjad Ali seized 2 kgs. of suspected ganja in presence of the witnesses along with some other articles, such as smoking pipe and knife. These were seized from the possession of the accused/appellant. The seized articles were brought to the Police Station thereafter.