BASUDEV GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Basudev Ghosh, who has been convicted by judgment and order dated 11.03.2016, passed by the learned Special Judge, Jorhat in Special Case No. 03/2013, arising out of GR Case No.77/2013, under Section 20(b)(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 6 (six) months

(2.) Heard Mrs. N Agarwal, learned Amicus Curiae, appearing for the accused/appellant. Also heard Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The accused-appellant was found by some members of the Asom Jatiyatabadi Yuba Parishad, Majuli Sub-Division com--mittee, moving in a suspicious manner, with two bags near the ferry ghat, at Majuli. On their query as to the contents in the said two bags, the accused-appellant initially refused to allow them to see the contents of the bags. Then the PW1, the Secretary of Asom Jatiyatabadi Yuba Parishad, Majuli Sub-Division, called the SDPO, Majuli over phone, informing him that some suspected contraband had been found with the accused-appellant. The SDPO, along with the Circle Officer and the Officer-In-Charge, Garmur Police Station, arrived at the place of occurrence after such call. The informant and few others proceeded to the Police Station taking the accused-appellant in a motor cycle, and sending the bags to the Police Station in a public conveyance. The SDPO, the Circle Officer and the Officer-In-Charge of Garmur Police Station met the informant on their midway to the Police Station, and from there only they all, including the accused-appellant went to the Police Station.