SWAPAN MAZUMDAR Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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AJIT BORTHAKUR,J. -
(1.) Heard Mr. M. Biswas, learned counsel appearing for the appellant and Mr. T. K. Mishra, learned Additional Public Prosecutor appearing for the State of Assam.
(2.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') preferred against the judgment and order, dated 31.03.2018, passed by the learned Sessions Judge, Kamrup (Metro) at Guwahati in NDPS Case No. 87/2017, whereby the appellant is convicted and sentenced to undergo rigorous imprisonment for 10(ten) years and to pay fine of Rs. 1,00,000/- (Rupees One lakh only), in default to suffer rigorous imprisonment for another 6 (six) months, under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act'). Appellant's Case:
(3.) The appellant's case, precisely, is that one S.I. Biswajit Rabha of Guwahati G.R.P.S., lodged an F.I.R., on 20.06.2017, with the Officer in-Charge of Guwahati G.R.P.S. alleging, that on 20.06.2017 at about 9:30 PM, the train checking party comprised of ASI Shranan Kumar Jha along with GRP and CRPF personnel, in course of checking the Coach No. B/1 of train No. 12526 Dn. Indrani Express, while standing at Guwahati Railway Station platform No. 5, recovered 2 (two) packets of suspected Morphine from a passenger of seat No. 49 kept in a black colour trolley bag packed with yellow colour polythene. The said passenger was detained at the platform No. 5 of Guwahati Railway Station. On receipt of the Authority Letter under Section 41(2) of the N.D.P.S. Act from the Inspector Officer in-Charge, Guwahati G.R.P.S., he visited the place of occurrence and on search in the trolley bag, recovered the aforesaid suspected two Morphine packets. On enquiry, the appellant disclosed his identity and stated to have purchased the said suspected morphine at Dimapur, Nagaland from a woman for Rs. 3,40,000/- only. The appellant further stated that he carried the said suspected morphine to Kolkata for commercial purpose. On weighing, in presence of the witnesses, it was found that each of the 2 (two) packets contained (half) KG of Morphine, total 1(one) KG. The Morphine was seized and samples of the seized substance were drawn at the place of occurrence, in presence of the appellant and witnesses for examination at the Forensic Science Laboratory (for short 'F.S.L.'). Thereafter, the authorized officer arrested the appellant under Section 43 of the N.D.P.S. Act and handed over him to Guwahati G.R.P.S. Investigation, Trial & Conviction:;
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