KRISHNA BAHADUR THAPA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant appeal U/s. 374(2) CPC 1973 is directed against the impugned Judgment & order dated 30.04.2013 passed by the learned Special Judge (NDPS), Shillong under CRL. (NDPS) Case No. 3 of 2011 U/s. 22(c) NDPS Act.

(2.) MEMO of appeal disclosed prosecution story in brief is that, "on the 8th day of March, 2011 at around 11:30 PM, an FIR was filed by one WPSI LD Sangma of Lumdiengjri Police Station that on 8th day of March, 2011 at around 2:45 PM, Inspector I.O. Swer, in -charge of Lumdiengjri Traffic Branch produced two vehicles believed to have been stolen bearing Registration No. MZ 01 F 3632 and another No. MZ 01 F 7535, the vehicles were intercepted at Luckier Road, Shillong by Traffic staff. The occupants of the said vehicles together with the alleged stolen vehicles were taken to the Superintendent's office and the appellants/accused were produced before the Addl. SP (Crime) along with the articles recovered from the said alleged stolen vehicles. While checking the articles, a carton recovered from the vehicle bearing Registration No. MZ 01 F7535 found to have been containing contraband goods namely; Diazepam Injections of 500 in numbers and the said contraband goods were seized at the chamber of Additional Superintendent of Police by SI J.R. Sangma".

(3.) ON the other hand, Mr. K. Khan, learned Addl. senior GA appeared for on behalf of the State submitted that, Section - 42 of the NDPS Act, 1985 is not attracted in this instant case as the police has apprehended 2 (two) stolen vehicles and during search, they recovered some contraband items, so there is nothing wrong with the Judgment.