ASHIK YADAV Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. A. I. Uddin, learned counsel for appellant and Mr. B. Sarma, learned SC, Central Excise.

(2.) The genesis of the prosecution case is that acting on specific information received by Sri Ridip Hazarika (Inspector Custom Division), a team of Officers of Anti-Smuggling Unit, Custom Division, Guwahati, on 18.06.2014, led by Sri D. C. Bania, the Superintendent, Dr. S. Roy, Superintendent of Anti-Smuggling Unit, and Sri. Ridip Hazarika (Inspector), S. S. Basumatary (Inspector), Ramesh Singh (Inspector), M. I. Singh (Inspector), P. K. Deka (Inspector) and other two sepoys of Custom Division at the wee hour on 19.06.2014, seized 36 package of Ganja concealed in a secret chamber of a Truck bearing registration no. UP-70-DT-3635, following the procedure as per Narcotic Drugs and Psychotropic Substances (NDPS) Act. The appellant being the driver of the Truck and one another Pinto Kumar, the Assistant of the Truck was apprehended. Accordingly, a case being Customs Case No. 03/CL/NARC/AS/GAU/2014-15 was registered under Sections 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The said Ganja were seized from the body of the truck which was driven by the appellant at the relevant point of time, after observing necessary formalities. The sample of the alleged seized Ganja was sent to the FSL for examination.

(3.) The seized article with inventory was forwarded to the Court of Chief Judicial Magistrate, Kamrup (Metro) on 20.06.2014. The case was further investigated by the authority and after completion of investigation of the case, submitted final report under Sections 20 (b) (ii) (C), 36A of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, against the present appellant and another Pintoo Kumar on 15.12.2014. Both the accused stood the trial.