NAVRATAN LAL SONI Vs. SUPERINTENDENT OF CUSTOMS PREVENTIVE UNIT

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, learned counsel appearing on behalf of Mr. T. Thakuria, learned counsel for the appellant. Also heard Ms. P. Das, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, Customs Department.

(2.) This appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed for setting aside and quashing the impugned judgment and order, dtd. 2/3/2017, passed by the learned Special Judge (NDPS Act) cum Sessions Judge, Cachar, Silchar in NDPS Case No. 11/2014 convicting the accused appellant u/s 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing him to undergo R.I. for 10 (Ten) years along with fine of Rs.1,00,000.00 (Rupees One Lakh) and in default, to undergo R.I. for a period of 2 (two) years.

(3.) The prosecution case was instituted by way of a complaint lodged by the Customs Department u/s 36A against the accused appellant. It is alleged that the complainant, the then Inspector of Customs while posted in the H.Q. Customs Preventive Unit, Office of the Commissioner, North Eastern Region Shillong having jurisdiction over all North Eastern States to investigate offences under the NDPS Act, on 3/8/2014, received an information to the effect that a consignment of ganja (cannabis) was being transported from Imphal to Uttar Pradesh via Silchar by one truck bearing Registration No. RJ-14-GB-6731 being hidden in a specially built chamber on the roof top of the driver's cabin.