CHANDER PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order dated 18-11-2017 passed by the learned Additional Sessions Judge, Kamrup (Metro), Guwahati in NDPS Case No. 7/2015. By the said judgment, the appellants were held guilty of offence punishable under section 21(c)/29 of the NDPS Act and sentenced to rigorous imprisonment for 12 years and fine of Rs. 1 lakh each with default stipulation.

(2.) Prosecution case in brief is that a secret information was received by PW-1, Intelligence Officer of the Narcotic Control Bureau (NCB) about the movement of two persons at the Guwahati Railway Station who were carrying heroine. The information was reduced to writing and was sent to the higher authority. To pursue the information, a team was constituted under the leadership of PW-1 and they arrived at the Guwahati Railway Station on that day at about 6.45 am. They also requested two persons to be witness to the search and seizure. The NCB team started to search the persons as per the information received. After few moments, they noticed two persons, one carrying a suitcase and the other a trolley bag, were standing at the platform no. 1 of the Guwahati Railway Station as mentioned in the secret information. On being asked by the NCB team, they introduced themselves to be Chander Paul and Shiv Kumar Verma. The NCB team conducted a search in presence of the independent witnesses and upon such search, colored powder suspected to be brown sugar was recovered from both the suitcase and the trolly bag. A small quantity of the said powder from the suitcase and the trolly bag was tested by the drug testing kits, which gave positive test for narcotic drugs. Accordingly, they seized the said brown colour powder by Ext. 4, took sample in duplicate from each of the packets, which were sent for forensic examination and the forensic examination report gave positive test for morphine. The total quantity of contraband seized was 3.540 kg. Accordingly, prosecution was launched against both the appellants.

(3.) In course of trial, prosecution examined five witnesses and on appreciation of evidence, learned trial court convicted both the appellants and awarded sentence as indicated above.