LAWS(GAU)-2017-6-60

SACHIN CH. DEKA Vs. STATE OF ASSAM

Decided On June 28, 2017
Sachin Ch. Deka Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, Sachin Ch. Deka, who has been convicted by judgment and order, dated 27-02-2014, passed by the learned Special Judge, Darrang, Mangaldai, in Special (N) Case No. 5/2014, under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as 'the NDPS Act'), to suffer rigorous imprisonment for 10 (ten) years and pay a fine of Rs. 1,00,000/-, in default, to suffer imprisonment for further period of six months.

(2.) I have heard Ms. Purnima Baruah Bordoloi, learned Amicus Curiae, appearing on behalf of accused-appellant, and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case is that, the informant, Ashima Bhuyan, Inspector of Excise, Sipajhar Circle, received a telephonic message from Dumoni Chowki, under Sipajhar Police Station, on 11-12-2013, at about 11.00 p.m. She immediately attended the place of occurrence and found there an Alto Car, bearing registration No. AS-01-AK-169 The accused-appellant was the registered owner of the said vehicle. He was apprehended with 28 kgs of Cannabis (Ganja). He was arrested for commission of offence under Section 20(b)(ii)(c) of the NDPS Act. The accused-appellant, apart from being the registered owner, was also the driver of the vehicle. The Ext. 4, FIR, was addressed to the District and Sessions Judge, Darrang, Mangaldai, by the informant. (This is as per record).