MOHAMMED RAFI KN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel appearing for and on behalf of the appellants as well as Mr. M.P. Goswami, learned Addl. P.P., Assam representing the State respondent.

(2.) This appeal is directed against the judgment and order dated 26.04.2018, passed by the learned Special Judge (NDPS), Kamrup (M) at Guwahati in NDPS Case No.44/2016, convicting the appellants under Section 8(c)/22(c) of the NDPS Act, sentencing the accused/appellants to undergo rigorous imprisonment for 10 (ten) years with fine of Rs.1,00,000/- (Rupees one lakh) each, in default of payment of the fine, further rigorous imprisonment for six months.

(3.) The case of the prosecution in brief is that, on 07.08.2016 at about 8:00 pm, a source information was received regarding illegal transportation of a consignment of Phensedyl cough syrup, by a Truck bearing Regn. No.TN-52-B/2133, from West Bengal towards Agartala via Guwahati through N.H. 31. Accordingly, on the same day at about 8:30 P.M., the informant Binay Kalita, along with a team of BI(EO) officers and staff proceeded to N.H.31. At about 11 P.M the said truck was intercepted at Betkuchi, in front of Sankar Dhaba and Restaurant. The accused persons named above were the drivers and the handyman of the said vehicle. On spot interrogation, the accused persons confessed that some contraband items were in the vehicle along with other articles. The vehicle was then brought to BI(EO) campus due to insufficient labour to unload the vehicle at night and loading and unloading on national highway would cause inconvenience in movement of other vehicle. On 08.08.2016, search was conducted in the said vehicle and 50 nos. of plastic bags were detected, having 3 cartoons in each bag and 100 nos. of plastic bottles in each cartoon. Each bottle contains 100 ml Phensedyl having 10 mg Codeine phosphate in each bottle. Subsequently, a total 15,000 plastic bottles of contraband Phensedyl had been seized as per seizure list from the possession of the accused persons named above along with the vehicle and other articles. Samples were duly drawn from the seized phensedyl for FSL examination and further inventory was also prepared in presence of Executive Magistrate, Kamrup (M), Guwahati.