BABA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 25. 09. 2007, passed, in Special Case No. (1) of 2002, by the learned Sessions Judge, North Lakhimpur, whereby the appellant stands convicted under Section 18 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the NDPS Act') and sentenced to suffer rigorous imprisonment for six months and pay fine of Rs. 2,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one month.

(2.) I have heard Mr. G. Uzir, learned counsel for the appellant, and Mr. V. S. Singh, learned Additional Public Prosecutor, Assam.

(3.) THE case of the prosecution is, in brief, thus: On 21. 06. 2002, a police party, headed by Sub-Inspector, Subhan Chandra Das, In-Charge, Narayanpur Out Post, which falls under Bihpuria Police Station, searched the house of the accused-appellant and, having found 10 grams of opium, kept concealed in the house, and another 100 grams of opium, kept beneath a banana tree in his courtyard, the police officer, vide seizure list (Ext. 3), seized, in the presence of witnesses, the said opium, collected sample therefrom and sent the sample to Forensic Science Laboratory for chemical analysis. The chemical analysis confirmed that the seized articles were opium. The police, then, on completion of investigation, submitted charge-sheet for prosecution of the accused under Section 18 (a) of the NDPS Act.