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N.D.P.S. Case No. 50 of 2018 Under Sections 20 (C) and 29 of the N.D.P.S

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N.D.P.S. Case No. 50 of 2018 Under Sections 20 (C) and 29 of the N.D.P.S NDPS Case No. 50 of 2018 DISTRICT : KAMRUP (M), GUWAHATI IN THE COURT OF THE SESSIONS JUDGE, KAMRUP (M) GUWAHATI PRESENT: - Shri A. Chakravarty, M.A., LL.M., AJS N.D.P.S. Case No. 50 of 2018 Under Sections 20 (c) and 29 of the N.D.P.S. State of Assam .....Complainant Versus 1. Shri Chotan Roy 2. Shri Shashi Kumar …Accused Charge framed on : 21.06.2018 Evidence recorded on : 04.10.2018, 16.11.2018, 10.01.2019, 11.03.2019. Statements recorded on : 18.04.2019 Arguments heard on : 30.05.2019, 28.06.2019 Judgment delivered on : 29.06.2019 Advocates who appeared in this case are: Shri Girin Das, Addl. P.P. for the Prosecution. Shri R. Medhi, Advocate for the accused. J U D G E M E N T 1. In this case, the accused Chotan Roy and Shashi Kumar have been tried for commission of offences punishable under Sections 20 (C) and 29 of 1 NDPS Case No. 50 of 2018 the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “the NDPS Act”). 2. The case of the prosecution, as stated in the First Information Report (in short “the FIR”) is that on 02.03.3018, at around 6.30 A.M., at Guwahati Railway Station, while the train checking party of the Government Railway Police Station, Guwahati (in short “Guwahati GRPS”), led by ASI Dinesh Deka, was checking the coaches of the 14019 Down Tripura Sundari Express Train standing in the Platform No.1, in Coach No. S-1 they recovered 15 packets of suspected Ganja (Cannabis), wrapped in creamy colour polythene papers inside four bags carried by two passengers namely, the accused Chotan Roy and Shashi Kumar. As by that time, the train was about to depart from the Guwahati Railway Station, the train checking party brought down the accused to the Platform No.1 and informed the Officer-in- charge of Guwahati GRPS about the matter. The Officer-in-charge of the Guwahti GRPS entered the information in the General Diary Book vide entry No. 30, dated 02.03.2018 and issued Authority Letter to the S.I. Girindra Nath Haloi to do the needful as per provisions of the NDPS Act. On the strength of the Authority Letter, S.I. Girendra Nath Haloi went to the Platform No.1 where the accused were detained by the train checking party and recorded statements of the accused persons and witnesses. He also searched the bags and body of the accused persons and recovered four packets of suspected Ganja from the airbag, named Sony, four packets of suspected Ganja from the black colored airbag written ADIDAS on the red portion, four packets of suspected Ganja from the black colored airbag written as ADIDAS on the deep cream colored portion, three packets of suspected Ganja from the black colored backpack named IDOL. When he asked the accused persons about the suspected Ganja, they disclosed that eight packets of suspected Ganja found in the two airbags belonged to the accused Chotan Roy and seven packets of suspected Ganja found in the airbag and in the back pack belonged to the accused Shashi Kumar. They also told that they had brought the Ganja from Agartala for commercial purpose for selling in their native places for profit. S.I. Girindra Nath Haloi weighed the Ganja and found that each packet contained two kilograms of Ganja, in total 30 kilograms in 15 packets and seized eight packets weighing 2 NDPS Case No. 50 of 2018 16 kilograms from the possession of the accused Chotan Roy and seven packets weighing fourteen kilograms from the possession of the accused Shashi Kumar. Thereafter, he collected two samples of 24 grams each from each packet, one as original and the other as duplicate, for sending to the Forensic Science Laboratory (in short “the FSL”) for examination in presence of the witnesses and the accused persons, following all the formalities as required under the NDPS Act. Thereafter, he arrested the accused persons as per the provisions of Section 43 of the NDPS Act and took them to the Guwahati GRPS and handed over them, the seized articles and the samples to the Officer-in-charge of the Guwhati GRPS. Thereafter, he lodged an F.I.R. of the incident with the Officer-in-charge of the Guwahati GRPS. 3. Based on the F.I.R., the Officer-in-charge of the Guwahati GRPS registered the case No. 53/2018, for commission of offences under Sections 20 (C) and 29 of the NDPS Act against the accused Chotan Roy and Shashi Kumar and entrusted Woman Sub-Inspector of Police namely, Smt. Binu Hazarika, to investigate the case. Accordingly, Woman Sub-Inspector of Police Smt. Binu Hazarika investigated the case 4. During the course of investigation, the investigating officer recorded statements of several witnesses and sent the samples of the suspected Ganja to FSL for examination. After receiving positive FSL report and finding sufficient evidentiary materials against the accused persons regarding commission of offences under Sections 20 (C) and 29 of the NDPS Act, the investigating officer submitted charge-sheet for offences under the said sections of law against accused Chotan Roy and Shashi Kumar in this court. Hence this case. 5. During trial, my learned predecessor framed charges under Sections 20 (c) and 29 of the NDPS Act against the accused Chotan Roy and Shashi Kumar. When the contents of the charges were read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. 6. The prosecution, in order to prove its case, examined six witnesses. The accused did not examine any witness. 3 NDPS Case No. 50 of 2018 7. In their examination under section 313 Cr.P.C., the accused have denied the prosecution case and have stated that the allegations leveled against them are false and baseless. 8. The point for determination in this case is:- Whether on 02.03.2018, at around 6.30 A.M., in the 14019 Down Tripura Sundari Express train standing in the Platform No. 1 of the Guwahati Railway Station, under a criminal conspiracy, the accused Chotan Roy and Shashi Kumar were found illegally possessing 30 kilograms of Ganja (Cannabis) in contravention of the provisions of the NDPS Act and thereby committed an offence punishable under Sections 20 (b) (ii) (C) and 29 of the said Act? If so, what punishment do they deserve? DECISION AND REASONS THEREOF 9. I have carefully examined the evidence on record, gone through the relevant documents on record and after hearing the arguments advanced by the learned counsel for both the sides, give my decision on the above point as follows:- 10. PW-1 Girindra Nath Haloi, the informant has deposed that on 02.03.2018, he was working as an SI of Police at the Guwahati GRPS. On that day, at around 06:30 am, the train checking GRP personnel detected two passengers with a huge quantity of Ganja in the Down Tripura Sundari Express train standing in the Platform No.1. ASI Dinesh Deka informed the Officer-in-charge of the Guwahati GRPS about the matter and the Officer-in- charge of the Guwahati GRPS entered the information in the general diary book vide entry No. 30, dated 02.03.2018. Ext. 1 is the extract copy of the said general diary entry and Ext. 1(1) is the signature of the Officer-in-charge of the Guwahati GRPS namely, Utpal Kr. Das, which he can identify. Thereafter, the Officer-in-charge of the Guwahati GRPS issued an Authority letter, authorizing him to take action as per the provisions of the NDPS Act. Ext. 2 is the said Authority letter and Ext. 2(1) is the signature of the Officer- 4 NDPS Case No. 50 of 2018 in-charge of the Guwahati GRPS namely, Utpal Kr. Das, which he can identify. Then he proceeded to the Platform No.1 with the weighing scale and other necessary articles. On going there, he found that the train checking party had detained two persons involved in the case in the Platform No.1. The said two persons are present in the dock. Along with the said two persons, there were four bags. Of the said four bags, one bag was a back pack and the other three were travel bags. In the back pack, the found three packets of Ganja and in the other three bags, he found four packets of Ganja in each bag. The Ganja was wrapped in cream-coloured polythene paper. From accused Sashi Kumar, one back pack and one travel bag were recovered. In total, 14 kilograms of Ganja was recovered from the accused Sashi Kumar. From the accused Chotan Rai, two travel bags were recovered. In total, 16 kilograms of Ganja was recovered from the accused Chotan Rai. From the accused Chotan Rai, two mobile handsets, one Voter ID card, one general ticket and cash amount of Rs.1,010/- were recovered and seized. The recovered Ganja was also seized. From the possession of the accused Sashi Kumar, 14 kilograms of Ganja, one back pack, one travel bag, one Vivo mobile handsets and one general ticket were recovered. Ext. 3 is the seizure list and Ext. 3(1) is his signature. Ext. 3(2) is the signature of the accused Chotan Rai and Ext. 3(3) is the signature of the accused Sashi Kumar. He collected 48 grams of sample from each packet and prepared 2 samples from each packet, 1 as original and 1 as duplicate.
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