Decided on April 19,2021

Ajit Debbarma Appellant


ARINDAM LODH, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 19.03.2019 passed by the learned Special Judge, Khowai, Tripura, in case No. Special (NDPS) 15 of 2018 whereby and whereunder the appellant was convicted under Section 20(b)(ii)(c) and 25 of the NDPS Act, 1985 and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/- with default stipulation.
(2.) Heard Mr. D. Debbarma, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Additional PP appearing for the respondent.
(3.) Briefly stated, the Officer-in-Charge of Khowai PS received a secret information on 02.06.2018 at 0705 hours to the effect that huge quantity of ganja was accumulated in the dwelling hut of the accused-appellant. The said information was reduced into writing through a GD Entry no. 07 dated 02.06.2018. The information was communicated to the Superintendent of Police (SP), Khowai as well as to the Sub Divisional Police Officer (SDPO), Khowai. Immediately, thereafter, the Officer-in-Charge accompanied by the Deputy SP (DIB), Khowai and other police officials conducted raid and searched the dwelling hut of the accused Ajit Debbarma headed by Deputy SP (DIB). The accused was found absent. Pre-search memorandum (Exhibit 1) was prepared in presence of two local independent witnesses and other senior police officers. The information was given to Smt. Joylaxmi Debbarma, wife of the accused, regarding accumulation of huge quantity of dry ganja in their dwelling hut and carried on search after obtaining her consent. During presearch operation, 19 numbers of plastic bags were recovered. Those were weighed by a weighing machine brought from the local market. Total 294 kgs. 300 gm. of dry ganja inclusive of plastic bags were measured. Accordingly, the entire quantity was seized with proper packing with gala and seal impression. Samples were taken in two number of paper envelopes (each containing 100 gm), in presence of witnesses and senior police officials and other police personnel following the provision of law. Post-trap memorandum (Exhibit-3) was prepared. Thereafter, based on a written complaint by the complainant, Sukanta Debbarma, Officer-in-Charge of Khowai PS registered a case vide Khowai PS case No. 2018/KHW/069 dated 02.06.2018 under Section 20(b)(ii)(c) and 25 of the NDPS Act, 1985, against the accused-appellant, Ajit Debbarma.;

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