EMDADUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment and order, I propose to dispose of these two Criminal Appeals Nos. 77/2012 and Criminal Appeal (J) No. 47/2012, arising out of the Sessions Case No. 299(N)/2011, passed by the learned Special Judge, Nagaon, convicting the accused/appellants under Section 20(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act"), to suffer Rigorous Imprisonment for 10 (ten) years and a fine of Rs. 1,00,000/-, in default to suffer Rigorous Imprisonment for a further period of 2 (two) years.

(2.) Heard learned Legal Aid Counsel, Mr. K.M. Haloi in Crl.A(J) No. 47/2012, and Mr. IA Hazarika, learned counsel appearing on behalf of Mr. HRA Choudhury, learned Senior counsel in Crl.A. No. 77/2012. Also heard learned Additional Public Prosecutor, appearing for the State of Assam, Mr. H Sarma in both the appeals.

(3.) The prosecution case is that, on 29.04.2011, PW1, i.e., Nur Jamal Hazarika, the Officer-In-Charge of Jakhalabandha Police Station received a telephonic message that a truck, bearing registration No. AS-02/E-5557, was carrying suspected ganja from Golaghat side. He made a GD Entry of the information after receipt of the telephonic message. Immediately he passed the information to the SDPO, Kaliabor and C.I. of Police Samaguri. The SDPO instructed him to check the vehicle in front of the Police Station. At about 10 am, he stopped the truck coming from Jorhat side and checked the same. On such check, he found that some bags of ganja were concealed under the bags of vegetables in the truck. He recovered 28 bags of suspected ganja in the truck and seized the same after observing necessary formalities. He found the driver and two other persons in the truck. They were taken into custody. He seized the recovered ganja from the accused/appellants after weighing the same. He sent 24 grams from each of the bags to the Forensic Science Laboratory (hereinafter referred to as the "FSL") for chemical examination, keeping one sample in the Police Station, and the remaining bags of suspected ganja were kept in the Police Station malkhana, after producing the same before the SDJM, Kaliabor.