H KALA SINGH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This criminal appeal under Section 374(2), 1973 of the Code of Criminal Procedure read with Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short) is directed against the judgment and order dated 16.5.2007 passed by the Ld. Special Judge (NDPS), Shillong, in Cr. (NDPS) Case No. 2 of 2006 convicting the appellants under Section 20(b)(ii)(C) of the NDPS Act and sentencing them to undergo rigorous imprisonment for a term of ten years with a fine of Rs. 1,00,000/- to be paid by each of them, and, in default thereof, to undergo another two years of rigorous imprisonment.

(2.) The case of the prosecution, briefly stated, is that on 7.2.2006 at about 8 P.M., the Superintendent of Police, East Khasi Hills District (Mr. A. R. Mawthoh), received a reliable information to the effect that some anti-social elements had crossed over from Bangladesh for going to Assam via Shillong and accordingly directed the Dy. S.P. Reorganization (Mr. Lethindra Sangma), to proceed to Umtyngar for frisking and checking vehicles. He was also instructed to take with him Sub-Inspector Y. Chhetri, the Officer-in-Charge of Ri-Bong Beat House. The said police personnel then proceeded to Umtyngar around 9 P.M. and reached the destination after about 45 minutes. On reaching their destination, the police personnel started checking the vehicles which were plying on the road throughout the night. In the morning of 8.2.2006 around 5.30 A.M., when the police personnel checked one truck coming from Dawki Road towards Shillong, a huge quantity of contraband ganja was found inside the truck whereupon the driver and handyman of the truck, namely, Mr. H. Kala Singh, the appellant No. 1, and Mr. Mohan Singh, the appellant No. 2, respectively, were apprehended. The police also seized the truck bearing Regd. No. AS-01/3698 and the contraband ganja at the spot and brought them to Laban Police Station. The seizure was made by the said S.I. Y. Chhetri on the authorization of the Dy. S. P., Reorganisation. The S.I. concerned then lodged a written ejahar to the Officer-in-Charge of Laban Police Station whereafter a regular case being F.I.R. No. 9(2) 2006 Laban P.S. U/s 20(b), NDPS Act was registered on 9.2.2006 against the appellants.

(3.) On 10.2.2006, the appellants were produced before the Ld. Special Judge (NDPS), Shillong who remanded them to judicial custody. The case was endorsed to the S.I. concerned, who also seized the contraband ganja for investigation. During the course of investigation, the I.O. examined a number of witnesses U/s 161, Code of Criminal Procedure, 1973 ("Cr.PC" for short) and collected evidence. On completion of the investigation, the police, having found a prima facie case, submitted the charge sheet against the appellants U/s 20(b) NDPS Act to stand their trial. On 12.7.2006, the Ld. Special Judge (NDPS) also found a prima facie case to go to trial and accordingly framed the charge against the appellants U/s 20(b) NDPS Act, to which the appellants pleaded not guilty and claimed to be tried. The trial court thereafter proceeded with the trial. In the course of trial, the prosecution examined as many as six witnesses and exhibited thirteen documents and material exhibits including 140 master packets to establish the charge levelled against the appellants. At the conclusion of the trial, the trial court convicted the appellants U/s 20(b) NDPS Act and sentenced them to undergo imprisonment with fine in the manner indicated in the beginning. On the basis of the evidence of Shri Lethindra Sangma, Deputy Superintendent of Police (Reorganisation), PW 3, Constable No. 365 Krishna Chhetri, PW 5 and S.I. Yograj Chhetri, PW 6, the trial court found that a vehicle checking had been conducted, on the instruction of the S.P., Khasi Hills, at Umtyngar Bridge with effect from the night of 7.2.2006 for detecting anti-social elements moving from Bangladesh to Assam and that while checking vehicles, a truck bearing registration No. AS-01-3698 was detained in the morning of 8.2.2006 at about 5.30 A.M., which, on search, was found to carry 140 numbers of boxes containing ganja, which were seized by the police and that the appellant No. 1 and the appellant No. 2 were the driver and the handyman respectively of the seized truck.