DINESH GOYENKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Mazumdar, learned Senior counsel, assisted by Ms. M. Bona, learned counsel for the appellants. Heard also Mr. D. Das, learned Additional Public Prosecutor, Assam.

(2.) This appeal is preferred against the judgment and order dated 17-10-2007 passed by learned Sessions Judge, Kamrup in Sessions (Spl), Case No. 8 (K)/01 corresponding GR Case No. 3737/2000 arising out of Fatasil Ambari Police Station case No. 121/2000 under Section 20(B) of the NDPS Act sentencing the accused-appellants to undergo rigorous imprisonment for 3 (three) years with a fine of Rs. 5000/- in default of payment of fine, further rigorous imprisonment for another one year.

(3.) The prosecution case is that, one Shri Ghiridhar, S.I. of Police, Fatasil Ambari lodged an FIR on 12-8-2000 with the O.C. Fatasil Ambari alleging that on 14-6-2000 at about 8.30 a.m., he along with patrolling staff on duty detected 10(ten) kgs of contraband cannabis (ganja) from the possession of the accused-appellants who were carrying the same while travelling in an auto rickshaw bearing registration No. AS-01-F-4988. The aforesaid accused-appellants were the occupants. They were arrested. The said auto rickshaw driver was produced before the Police station. Samples were drawn from the said contraband cannabis (ganja) and sent for chemical analysis. The Police received report of the same, which is positive, and accordingly the aforesaid case was registered. After completion of the investigation, the police submitted charge-sheet and charge was framed against the accused-appellant under Section 20(b) (ii)(B) of the NDPS Act, to which they pleaded not guilty and claimed trial. The prosecution examined in all, seven witnesses including the auto rickshaw driver, a Scientific Officer and the informant police officer who claimed to have detected the case and seized the ganja. The defence adduced no witness. After completion of the trial, the learned trial Court convicted and sentenced the accused-appellant as stated earlier.