JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 15.05.2014 passed by the learned Addl. Sessions Judge, No.2, Kamrup (M) at Guwahati in NDPS Case No.33/2013. By the said judgment, learned Addl. Sessions Judge convicted both the appellants under Section 20(b)(ii)(C) read with Section 29 of the NDPS Act and sentenced them to RI for 10 (ten) years and to pay a fine of Rs.1,00,000/- with default stipulation.

(2.) As per the prosecution case, on 05.03.2013, Shri B.P. Jaisi, the Superintendent (Anti Smuggling), Guwahati Customs Division received a secret information that a truck bearing registration No.JK-02-AS-7135 loaded with ganja concealed under the bamboo chips was proceeding from Jiribam towards Kolkata via Tezpur, Mangaldoi and Baihata Chariali. Accordingly, Shri B.P. Jaisi reduced the secret information in writing and sent a copy of the said information to his superior officer being the Deputy Commissioner of Customs, Guwahati Division. A team of custom officials was constituted to pursue the information. On the next day in the early morning, the team of NCB headed by Shri BP Jaisi reached Baihata Chariali and kept watch on the road to intercept the said truck. At about 10'o clock, they noticed the truck mentioned in the secret information coming from Mangaldai side and stopped the truck. The accused/appellant Kartar Singh was the driver of the truck and the accused/appellant Joginder Singh was travelling in the said truck as occupant. The team of the custom officials introduced themselves and wanted to check the truck.

(3.) In the course of trial, charges were framed under Section 20(b)(ii)(C)/29 of the NDPS Act against both the appellants, to which, both the appellants pleaded not guilty.