- (1.) This appeal is directed against the judgment and order passed by the High Court of Judicature of Guwahati at Shillong Bench in Criminal Appeal No. 5 (SH) of 2006, dated 06.09.2007. By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Special Court (NDPS) in Criminal (NDPS) No.26 of 2003.
(2.) The factual matrix of the case in brief is : The Inspector of Customs working in the office of the Commissioner of Custom NER, Shillong, PW 11, received information from the Special Operation Team of Meghalaya Police that Yasihey Yobin - A1 has stored huge quantity of heroin in his residence. On receipt of such information, PW4- Inspector of customs PW2- Inspector and PW7- Superintendent of Police conducted search of the premises of A1 in the presence of two other independent witnesses. In the course of search, the heroin though not recovered from A1 but was recovered from accused No. 2- Lisihey Ngwazah(A2) at the instance of A1, when A1 instructed his wife to contact A2 asking him to get the bag containing heroine. It is when A2 turned up with the bag that the said bag containing contraband heroin was searched and seized from A2 by the Custom Officials. Thereafter, necessary steps were taken to send the duly sealed samples for chemical examination to the Forensic Science Laboratory and the reports tested positive for heroin.
(3.) The appellants were thereafter put to trial before the Special Court, NDPS. The Trial Court after appreciating the evidence on record has come to the conclusion that both the accused persons were in conscious possession of the said contraband substance and therefore convicted the appellants under Sections 8(C) and 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short). Accordingly, Appellant No. 1 was convicted with rigorous imprisonment of 13 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment. The Appellant No. 2 was convicted with rigorous imprisonment of 10 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment.;