ABDUL KADIR MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Cr.P.C., is directed against the judgment and order, dated 24.08.2016, passed by learned Special Judge, Nagaon, in Sessions (NDPS) Case No. 59(N) of 2005, convicting the accused-appellant, under Sections 20(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, in default, to suffer simple imprisonment for 1 year .

(2.) I have heard Mr. AI Uddin, learned counsel appearing on behalf of accused-appellant and Mr. SC Keyal, learned Assistant Solicitor General of India.

(3.) The fact of the case is that on 04.09.2003, receiving a secret information regarding illegal possession and trafficking of Ganja, the Intelligence Officer, Directorate of Revenue Intelligence, Guwahati (herein after referred to as DRI) with the assistance of Guwahati Customs Division and Nagaon Police raided the house of one Md. Abdul Kadir Majumdar and recovered 301 packages of Manipuri Ganja wrapped in blue and black plastic sheets, weighing 5581.5 kgs. An electoral document was also seized from the house which stood in the name of the accused appellant. The said Ganja was seized in presence of witnesses. Inventory was also prepared. The sample, as prescribed, was sent to Forensic Science Laboratory, Guwahati for examination. The sample gave positive test for Ganja on examination by Forensic Science Laboratory. Then the case was forwarded to the Chief Judicial Magistrate, Nagaon. As the accused-appellant absconded during the raid of his house, summon was affixed on the wall of his house, and on his failure to respond to the summon, Non-Bailable Warrant of Arrest was issued against him. On 07.09.2003, the accused appellant was arrested, and during interrogation, he disclosed the name of co-accused Ajnoor Choudhury, Baharuddin and Rafique Choudhury, who were involved with loading, unloading, storage, concealment and trafficking of the said Ganja.