NABAB KHAN Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
UNION OF INDIA
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Mir Alfaz Ali, J. -
(1.) This appeal is directed against the judgment and order dated 25/5/2016 passed by learned Addl. Sessions Judge (FTC) No. 3, Guwahati in NDPS Case No. 35/2015. By the said judgment, learned Addl. Sessions Judge convicted the accused/appellant u/s 17 ( c) of the NDPS Act and awarded sentence of rigorous imprisonment for 18 years and fine of Rs. 1,50,000/- and further imprisonment for two years in default of payment of fine.
(2.) As per prosecution case, on 25/02/2015, one sri Paban Baisane, Intelligence Officer (PW 3), Narcotic Control Bureau, Guwahati received an information that one Nawab Khan, resident of House No. 19, Lalmati, Guwahati, has been illegally possessing huge quantity of opium for illegal trafficking. The information was immediately reduced into writing and was forwarded to his immediate superior officer, Ms. Tullika Morang. Said Tullika Morang constituted a team comprising of PW 1, 2, 3 and some other officers to pursue the information and the PW 3 was entrusted with the responsibility of seizing officer. The team of the NCB, accordingly, reached the place of occurrence at Lalmati at about 1.15 pm, where they requested two persons found on the road being Himangshu Borah and Birendra Sarma, who were residents of the said locality for being witnesses to the search and seizure, to which they agreed. Accordingly, along with those two local persons, NCB team arrived at the house of accused/appellant Nawab Khan. They knocked the door and the accused/appellant Nawab Khan came out of the house. On being asked by them the accused/appellant told his name to be Nawab Khan. The NCB team in presence of the witnesses conducted the search in the house of the accused/appellant and found five packets kept under the bed in the first room of the house, containing dark brown colour sticky substances suspected to be opium. A small quantity of the said suspected contraband article was tested in the narcotic drugs detection kits, which gave positive test for opium. All the five packets were marked as P-1, P-2, P-3, P-4 and P-5 and weighed with the help of digital scale in presence of the witnesses and the accused/appellant Nawab Khan. It was found that P-1 contained 1.002 kgs, P-2 contained 1.012 kgs, P-3 contained 0.6.5, kgs, P-4 contained 1.03 kg and P-4 and P-5 contained 1.03 kgs each and the total suspected contraband in all the five packets were 4.5 kgs. All the packets of contraband articles were seized as per procedure by the seizing offer in presence of the witnesses and the accused/appellant. The seizing officer took some quantity of the suspected contraband from the packets P-1, P-2, P-4 and P-5 which were found to be identical in shape and size and mixed them homogenously. Out of such mixture of the contraband collected from P-1, P-2, P-3 P-5, one sample of 25 gms, each in duplicate were drawn which were marked as S1 and D1. A separate sample of 25 gms in duplicate was also taken from the packet marked as P-3. The NCB team conducted personal search of the accused/appellant and seized one Nokia mobile phone, one pan card, one driving license and cash amount of Rs. 50,000/-, an electricity bill in the name of the accused/appellant was also seized from the place of occurrence. The sample of contraband articles collected from the seized articles were sent to FSL which gave positive test for opium. The seizing officer recorded the statement of the accused/appellant u/s 67 CrPC. On receipt of the report from the FSL, showing that the contraband seized from the possession of the accused/appellant was opium, a formal complaint was lodged and eventually the accused/appellant stood trial for the offence u/s 17 (c) NDPS Act.
(3.) In course of trial, charge was framed u/s 17 (c) NDPS Act against the accused/appellant, to which he pleaded not guilty. Prosecution examined six witnesses to establish the charge and on appreciation of evidence, learned Spl. Judge convicted the accused/appellant u/s 17 (C ) of the NDPS Act and awarded sentence as indicated above.;
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