DIPAK KUMAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal has been preferred by the appellants, Sri Swapan Kumar Roy and Sri Dipak Singh, challenging the judgment passed by the learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati, in Sessions (Spl) Case No. 184(K)/2009, convicting both the appellants for offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as "NDPS Act") and sentencing them to rigorous imprisonment for 12 years each and a fine of Rs. 1,00,000/- each.

(2.) The case of the prosecution may be briefly stated as follows;

(3.) Based on specific intelligence output, received on 02.06.2009, regarding a truck bearing Registration No. WB-25B-4251, carrying about 3000 kg of Ganja, a team of officers from the Directorate of Revenue Intelligence (hereinafter DRI) intercepted the truck at Azara, Guwahati, but the truck sped away and evaded the interception. The team of officers chased the said truck and located it near Panbari BSF Camp in the District of Dhubri, Assam, on 03.06.2009. The driver Sri Swapan Kr. Roy and the handyman Sri Dipak Kr. Singh were found alongwith the truck. The driver Sri Swapan Kr. Roy confessed that Manipuri Ganja has been kept concealed in the coal laden truck and that the Ganja belonged to one Baharuddin @ Bahar.