MOFUZ AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail against the judgment and order dated 29.04.2015, passed in N.D.P.S. Case No.8 of 2014 by the learned Special Judge, Cachar, Silchar, convicting the accused/appellant under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and sentencing him to RI for 10 (ten) years and fine of Rs.20,000/-, in default, RI for another 2(two) years.

(2.) The facts of the case is that on 14.5.14, Sub-Inspector of Police- Faizur Rahman, Sonai Police Station, Cachar, Silchar, received information from reliable sources about the presence of a drug smuggler, namely - Md. Mufuz Ahmed, at Sadhin Bazar locality under Sonai Police Station and, he immediately communicated this information to the C.I.(E) Sonai. Then, on being authorized by the said C.I.(E) Sonai, he along with S.I. of Police - R.P. Rongmai, UBC Jakir Hussain Borbhuiya and one section of police battalion, rushed to the spot and conducted search on the body of the aforesaid Mufuz Ahmed. During such search, 18 nos. of small containers containing brownish white coloured powder, suspected to be heroin, were found from his possession, which was seized as per the seizure list in presence of the witnesses. Each of the seized containers contained 0.52 grams suspected to be heroin powder. Thereafter, he lodged FIR against the aforesaid Mufuz Ahmed with the Sonai Police Station, which registered a case being No.73/14 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) During the course of investigation, sample of the seized containers were sent to examination by the Forensic Science Laboratory, as per laid down procedure and the report of forensic science examination showed positive test for heroin, the percentage of which was around 90%.