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IN the COURT of ADDITIONAL SESSIONS JUDGE NO.1 KAMRUP (M) GUWAHATI Present

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IN the COURT of ADDITIONAL SESSIONS JUDGE NO.1 KAMRUP (M) GUWAHATI Present IN THE COURT OF ADDITIONAL SESSIONS JUDGE NO.1 KAMRUP (M) GUWAHATI Present : Shri C.Das, Addl. Sessions Judge No.1, Kamrup (M) Guwahati JUDGMENT IN NDPS CASE NO.7/2015 u/s 21(c)/29 of NDPS Act Union of India, represented by- Sri P. Bishwarjit Singh, Intelligence Officer, Narcotics Control Bureau,(NCB) Guwahati Zonal Unit .... Complainant versus- 1. Chandra Pal 2. Shiv Kumar Verma .... Accused Appearance : For the complainant : Mr. R. Baishya, Special PP, NCB For the accused : Mr. S.K. Barkakati, B. Sharma, Advocates Date of recording evidence : 30/1/16, 29/5/16, 21/9/16, 22/12/16, 27/1/17 Date of argument : 30/10/17, 13/11/17 Date of judgment : 18/11/17 JUDGMENT 1. The case of the complainant briefly, is that the complainant is an Intelligence Officer attached to Narcotics Control Bureau, Guwahati Zonal 2 Unit, Guwahati and is filing the complaint as a public servent in discharge of his official duties and as per section 53 of ND&PS Act, 1985 (as amended), as well as as per office order dated 29/7/14 after conducting investigation of the case, the final complaint is filed. It is stated that after getting information from a reliable source on 29/7/14 at 0500 hours that two young persons will be carrying a consignment of suspected heroin kept in two baggages; will be boarding in the NE. Express train at Guwahati railway station on 29/7/14, it was reduced to writing to Sri Madho Singh, Zonal Director, NCB, Guwahati, and than, a team was constituted of Sri Sanjay Singh, IO, S.K. Singh, IO, Santu Saha, IO, P. Bishwarjit Singh, IO, Sandeep Kumar, Sepoy, Vipin Kumar, Sepoy, and in case of any recovery of contraband, Sri Suresh Kumar Singh shall be the Seizing Officer as authorised by Zonal Director, NCB, Guwahati Zonal Unit. 2. It is further stated that after getting proper movement order, the above team started from the office at 0600 hours on 29/7/14 and reached Guwahati railway station at 0645 hours. After reaching the railway station, the NCB team intimated two persons namely; Sri Ajit Das and Sri Pranjal Baruah, standing at the platform no.01 of railway station about its motive and requested them to be the independent wintesses in the process of search and seizure. Then the NCB team started to looking for the persons carrying the suspected heroin, kept in the suitcase and a trolley bag. After sometime, the team saw two persons carrying one suitcase and a trolley bag by each person, standing at the platform no.01, resembling as per the information. The NCB team went near to the suspected persons and introduced themselves by showing their ID cards and on request of the team, two persons introduced themselves as Shiv Kumar Verma and Chandra Pal, both from Bareilly district of Uttar Pradesh, and that they will be going by NE Express train at 0945 hours to Anand Vihar Terminal. The NCB team searched the both suitcase and trolley bag, carried by said persons and found one packet of P1, containing brown colour powder believed to be heroin in red colour trolley bag and two packets of P2 and P3 in the suitcase made of orient, kept in the false cavity and on being asked, Shiv Kumar Verma and Chandra Pal admitted that the trolley bag belongs to Shiv Kumar Verma while the suit case belongs to Chandra Pal. Then in presence of two independent witnesses and the accused persons, the NCB team took out some quantity 3 from the three packets and after mixing them homogeneously, tested the same with the portable Narcotics Drug Detection Kit which was carried by the NCB team, and it gave positive result for the test of heroin. Then the weight of the three packets were taken by the digital weighing machine, carried by the NCB team and it was found that the weight of the packets, marked as P1 was 1.160 kgs, P2 was 1364kgs and weight of P3 was 1.016kgs., respectively. The total weight of the consignment was 3.540kgs. Then the three packets were again, kept in the respective baggages and the photographs were taken. 3. Further, it is stated that thereafter, a notice u/s 50 of NDPS Act, 1985 were served to both the accused persons and they were also, told that they have the right that search could be conducted by the complainant/ Intelligence Officer, NCB in presence of witness and if required same can be conducted before Gazetted officer or Magistrate. After their consent, the personal search of both the accused persons was conducted but no contraband was found. However, a residentail certificate, a matriculation pass certificate, a train ticket, 02 mobile phones, 02 wallets, one pass book and one airport entry pass were recovered from them. Hence on reasonabl e relief that an offence has been committed u/s 8(c) of NDPS Act, 1985 (as amended), and the entire consignment believed to be heroin and the items recovered from their personal search, were seized u/s 43 of NDPS Act, 1985 (as amended). On the spot questioning, Shiv Kumar Verma told that he was carrying the heroin for Mr. Ganpat Singh, resident of Subhash Nagar, Bareilly and he was directed by Ganpat Singh to go to Dimapur, Nagaland to bring this consignment of heroin alongwith the accused Chandra Pal. He alongwith Chaderpal left Bareilly for Delhi on 27.7.14 by bus in the evening and reached Delhi airport at around 0200am on 28.7.14. From Delhi airport, they boarded Indigo flight at 0530 hours and landed at Guwahati airport at around 0800 hours and from there, they went to one Dharmasala at Fancybazar, Guwahati. After that, they boarded BG Express train at around 1430 hours and reached Dimapur and went to stay there at Hotel Kinghfisher. One person reached their hotel room at around 2030 hours and handed over the consignment of heroin in three packets. Then the packets were safely concealed in the false cavity of the trolley bag and the suitcase by Shiv Kumar Verma and Chandra Pal. After that they reached Guwahati railway station on 29.7.14 by purchasing a sleeper class ticket bearing PNR No.6132320614, dated 29.7.14 4 in NE Express train. Further, they informed that Ganpat Singh directed them to get down at Kanpur and to come to Bareilly by bus and to handover him the consignment of heroin. He also, informed that he alongwith Ganpat Singh had earlier, in the month of June,2014 i.e. on 29.6.14 came to Dimapur to collect the consignment of heroin. 4. Then the NCB team in presence of two independent witnesses and both the accused, drew 03 samples (one from each packet) in duplicate and marked as S1, S2 and S3 as original samples and D1, D2 and D3 as duplicate. All the samples drawn and seized consignment of heroin was sealed with NCB brass seal no.02 and properly labeled and signatures of the independent witnesses and the seizing officer was also, taken. Then the search-cum seizure list and inventory of the seized articles were prepared on the spot. The seizure process was completed at about 1200 hours on 29.7.14 without causing any injury and damage to any property and the copy of search-cum- seizure list was furnished to the accused persons. In the process, 02 mobile phones, 01 residentail certificate of Shiv Kumar Verma, 01 pass certificate of matriculation of Shiv Kumar Verma, 01 train ticket, 02 ATM cards, one pass book of PNB of Chandra Pal, 01 AEP of Chandra Pal and two wallets, containing Rs.300/- and Rs.290/- respectively, were also, seized u/s 43 of NDPS Act, 1985 in presence of witnesses. It is stated that on reasonable belief that Chandra Pal and Shiv Kumar Verma were involved in the illicit trafficking of heroin, a notice u/s 67 of NDPS Act, 1985 (as amended) was issued to the accused, directing them to be present before the seizing officer on 29.7.14 at 1230 hours at NCB office. The whole process of search-cum- seizure was completed at 1200 hours on 29.7.14. on the basis of voluntary statement u/s 67 of NDPS Act, 1985 (as amended) of the accused Chandra Pal and Shiv Kumar Verma regarding their involvement in trafficking of heroin, the accused persons were arrested u/s 43 of NDPS Act on 29.7.14 at 1630 hours for commission of offence u/s 8(c)/29 of NDPS Act and are liable to be punished u/s 21(c) of NDPS Act. All the seized goods and samples were kept in NCB godown on 29.7.14 and the godown in charge had acknowldge the same. The arrested accused were taken to MMC, Guwahati for medical check up on 30.7.14 and as per provision of law, remand petition dated 30.7.14 alongwith the accused persons, seized goods and its samples, were produced before the learned CJM, Kamrup (M) Guwahati. The sample package after 5 endorsement before learned CJM, Kamrup (M) was sent to FSL, Guwahati for chemical examination. The FSL report dated 18.11.14 shows a positive result for Morphine with percentage to be 65.2, and 69 and 75.1 respectively and the residue sample sent back by FSL after examination, was kept in NCB godown. The accused persons were sent to central jail. A letter was written to the Zonal Director, NCB.
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