Decided on March 08,2018

UNION OF INDIA Respondents


Mir Alfaz Ali, J. - (1.) Both these appeals are directed against the judgment and order dated 15.05.2014 passed by the learned Addl. Sessions Judge, No.2, Kamrup (M) at Guwahati in NDPS Case No.33/2013. By the said judgment, learned Addl. Sessions Judge convicted both the appellants under Section 20(b)(ii)(C) read with Section 29 of the NDPS Act and sentenced them to RI for 10 (ten) years and to pay a fine of Rs.1,00,000/- with default stipulation.
(2.) As per the prosecution case, on 05.03.2013, Shri B.P. Jaisi, the Superintendent (Anti Smuggling), Guwahati Customs Division received a secret information that a truck bearing registration No.JK-02-AS-7135 loaded with ganja concealed under the bamboo chips was proceeding from Jiribam towards Kolkata via Tezpur, Mangaldoi and Baihata Chariali. Accordingly, Shri B.P. Jaisi reduced the secret information in writing and sent a copy of the said information to his superior officer being the Deputy Commissioner of Customs, Guwahati Division. A team of custom officials was constituted to pursue the information. On the next day in the early morning, the team of NCB headed by Shri BP Jaisi reached Baihata Chariali and kept watch on the road to intercept the said truck. At about 10'o clock, they noticed the truck mentioned in the secret information coming from Mangaldai side and stopped the truck. The accused/appellant Kartar Singh was the driver of the truck and the accused/appellant Joginder Singh was travelling in the said truck as occupant. The team of the custom officials introduced themselves and wanted to check the truck. The truck was covered with tarpoline. On removal of the tarpoline sheets they noticed, that the truck was loaded with bamboo cut piece and after removal of some of the bamboo cut pieces, they found some rectangular shaped packets covered with polythene. On removal of the polythene cover of the packets, it was noticed that those packets contained suspected ganja. Thereafter, for further checking they brought the truck to Guwahati Customs Office, where they got the bamboo cut piece and also the packets wrapped with polythene off loaded and 48 packets of suspected ganja were found to be carried in the truck. All the packets were weighed in presence of the witnesses and the total quantity of suspected ganja carried in the truck was found to be 571 kgs. On being satisfied that the packets contained ganja, the inspector Bhabataran Basumatary (Pw-1) seized all the packets of ganja following the procedure laid down by the NDPS Act and Rules. The seizing officer took some quantity of ganja from all the packets and after mixing them for making it homogenous, collected samples therefrom in presence of the witnesses and the accused/appellants. The samples were sent for chemical examination and the report of the chemical examination gave positive test for cannabies. On receipt of the FSL report, a complaint was lodged, on the basis of which, the learned trial Court took cognizance of offence and eventually both the appellants stood trial for offence under Section 20(b)(ii)(C)/29 of the NDPS Act.
(3.) In the course of trial, charges were framed under Section 20(b)(ii)(C)/29 of the NDPS Act against both the appellants, to which, both the appellants pleaded not guilty.;

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