Decided on December 11,2018

Suman Das Appellant
UNION OF INDIA Respondents


Rumi Kumari Phukan, J. - (1.) Heard Mr. U.K. Barman, learned counsel for the appellant/accused. Also heard Mr. S.C. Keyal, learned Asstt. Solicitor General of India, appearing for and on behalf of the Union of India/respondent.
(2.) The present appeal has been preferred against the judgment and order dated 29.09.2014, passed by the learned Addl. Sessions Judge (FTC), No.3, Kamrup (M) at Guwahati in N.D.P.S. Case No.73/2013, convicting the accused/appellant Suman Das, under Section 21(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPS Act') and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/-, in default rigorous imprisonment for another two years.
(3.) The prosecution case in nutshell is that one Inspector of Anti Smuggling Unit of the Guwahati Custom Division, namely Rideep Hazarika received a specific information to the effect that huge quantity of phensedyl cough syrup would be transported by a 12 wheelers truck bearing Regn. No.NL01-K-2827 and proceed to Agartala, in early hours of 21.06.2013, the said information was reduced to writing by the said officer and immediately informed to the superior officer Mr. B.P. Jaishi, Superintendent of Customs, Guwahati Custom Division. Mr. Jaishi instructed him to form a team to proceed towards Khanapara and accordingly a team was formed comprising said Rideep Hazarika, Mr. Ratul Das, Mr. Swapan Kr. Das, Mr. Nabarun Bhattacharjee and Mr. M.I. Singh (all inspectors), which was led by the Superintendent himself and the team proceeded to the Ninth Mile area at Khanapara, Guwahati and laid naka near the CRPF camp. Then at about 5 A.M., the team of officers saw the truck bearing Regn. No.NL-01-K-2827, from Khanapara side towards Jorabat and signaled to stop the vehicle and two persons including the driver were found inside the vehicle i.e. Suman Das (Driver) and Nandalal Deb (Helper). On being intercepted, the driver of the truck informed that the vehicle was loaded with refine oil and produced certain documents in support of the said refine oil in the truck.;

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