LITTON DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Deka, learned counsel for the appellant and Mr. SC Keyal, learned Addl. Solicitor General of India appearing for the respondent.

(2.) This appeal is directed against the judgment and order dated 112014 passed by learned Addl. Sessions Judge (FTC) No. 3, Kamrup (M) in NDPS Case No. 65/2013. By the said judgment, the accused/appellant was convicted u/s 21 (c) of the NDPS Act and sentenced to imprisonment for ten years and fine of Rs. 1 lakh with default stipulation.

(3.) On the basis of a secret information received by the Customs officials that a truck, bearing registration No. AS-25-B-1986 was carrying huge quantity of Phensedyl linctus cough syrup bottles, a team of Customs Officers was constituted under the leadership of one BP Jaishi to pursue the said information. The custom official located the said truck bearing No. AS-25-B-1986, as per the information, at Jalukbari, and the present appellant was found in the truck as its driver. They brought the truck along with the appellant to the customs office. On checking, it was found that the truck was carrying phensedyl cough linctus syrup along with some quantity of "Ujala Supreme Liquid Blue". There were 115 packages in the truck, out of which, 37 packages contained 5500 bottles of phensedyl linctus cough syrup bottles. The said phensedyl linctus cough syrup bottles containing contraband substance were seized vide Ex- 2 and the samples taken therefrom were sent for chemical examination, which gave positive test for codeine (as codeine phosphate) . The quantity of codeine in each bottle was 190.96 milligrams. The total contraband in the entire consignment of cough syrup was 1.05 kg. contained in 5500 bottles. After obtaining the FSL report, prosecution was launched against the present appellant.