Decided on May 11,2018

Md Sahidur Rahman Appellant
The State Of Assam And Anr. Respondents


MIR ALFAZ ALI, J. - (1.) This appeal is directed against the judgment and order dated 22/09/2015 passed in Special (NDPS) Case No. 3/2009 by the Court of Special Judge, Sonitput, Tezpur. By the said judgment, the appellant was convicted under section 20(b)(ii)(C) of the NDPS Act and sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- (Rupees one lakh) with default stipulation.
(2.) As per prosecution case, on 16/7/2009, on the basis of secret information, the officers of Customs Preventive Force, Tezpur, were waiting at Mission Chariali for a suspected auto van, which was allegedly carrying contraband articles. At about 9.30 at night, they intercepted a red colour Bazaz Autovan bearing registration No. AS-13A-4343, as mentioned in the secret information report, which was carrying some plastic and jute bags containing suspected contraband articles. The officers checked the plastic bags in presence of the witnesses and driver of the van and found some dry leaves in the bags suspected to be ganja. They immediately brought the vehicle loaded with suspected ganja to the custom office at Tezpur. On thorough checking, it was found that there were 26 numbers of plastic bags and one jute bag containing 310 kgs of suspected ganja, which were seized by the customs officers following the rules and procedures prescribed by the NDPS Act. Three samples in duplicate, each samples containing 25 gms were drawn from the seized ganja and the same were sent to Forensic Science Laboratory for chemical examination. The Customs Department also conducted search in the house of the accused/appellant but nothing could be recovered. The chemical examination report of the sample collected from the seized ganja gave positive test for cannabis. After receiving the Forensic Science Laboratory report, a complaint (offence report) was filed by Sri Ajoy Sen Deka, the Inspector of Customs Preventive Force, Tezpur, on the basis of which, learned Special Judge took cognizance and eventually the accused/appellant stood trial for offence under section 20 (b) (ii) (C) NDPS Act.
(3.) In course of trial, prosecution examined nine witnesses to establish the charge against the appellant. On completion of the prosecution evidence, the accused was examined under section 313 CrpC, 1973 and all the incriminating evidence and materials were put to him. In his examination under section 313 CrPC, 1973 the accused/appellant took the plea of innocence. The appellant stated in his examination under section 313 CrPC, 1973 that while he was going with his auto van, one Dipu Bania (DW 1) asked him that he got a trip for carrying 'husk of black pulse". Accordingly, he along with Dipu went to the place, where 27 numbers of bags were downloaded from another tempo and loaded in his tempo. Coming to know that those bags contained ganga, he protested. However, 6/8 persons, who were present there, assaulted him and compelled him to carry the bags in his vehicle and accordingly, when he was proceeding, he was apprehended by the Customs officers near Mission Hospital in front of Kacharigaon police outpost. He also stated that he intended to take the vehicle to police outpost. However, before reaching the police outpost, the Customs Department caught his vehicle. The accused/appellant also examined one defence witnesses in support of his defence. On appreciation of evidence adduced by the prosecution as well as the defence, learned trial court having found the accused/appellant guilty of committing the offence under section 20 (b) (ii) (C) of the NDPS Act convicted him and awarded sentence as indicated above.;

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