Back
2012 Supreme(Gau) 724
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
SWAPAN CHANDRA DAS, J.
Sri Ranjit Sarkar – Appellants
Vs.
Sri Sandip Das & Anr. – Respondent
Cr. Appeal (J) No. 60 of 2006 with Cr. A. No. 02 of 2007
Decided On: 12.06.2012
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. H.K. Bhowmik
For Respondents/Defendant: Mr. P.K. Biswas, Asst. SG
Headnote:
NDPS Act, 1985 - Section 20(C) read with Section 25 - Order of acquittal 0 Order of conviction - Detention - Allegation of interception - Prosecution case in short is that on at about hrs a secret information was received at Divisional Preventive Force Unit Customs Division Tripura by complainant Inspector of Customs that a Van vehicle bearing carrying ganja and was proceeding towards from and on -That information complainant Inspector of Customs along with Superintendent of Customs with other staff left for Road and ambushed on road waiting for arrival of the offending vehicle - At about they found Van vehicle bearing with abnormal high speed running towards and they raised signal to stop vehicle but vehicle accelerated it speed and kept moving faster towards defying signal – Held, It is case of the prosecution that on the basis of secret information received by complainant informant along with other Custom officials left for and ambushed on road to detain offending vehicle - Information was specific that vehicle was carrying ganja from - Complaint was filed on - Nothing stated in complaint that information so received was taken down in writing - No such documents placed during trial - In his deposition stated that on he received secret information over telephone about vehicle likely to carry ganja from and he wrote down information - But no such information recorded by annexed with complaint which filed on - At time of trial also nothing of sort was produced before trial Court - Appeal dismissed.
S.C. Das, J.
1. Criminal Appeal (J) No. 60 of 2006 and Criminal Appeal No. 02 of 2007, taken up together for judgment since both the appeals preferred against a single judgment dated 16.06.2006, passed by learned Special Judge (District & Sessions Judge), West Tripura, Agartala, in Special Case No. 18 of 2006. This single judgment shall govern both the appeals.
Criminal Appeal (J) No. 60 of 2006 filed by the convict-appellant Ranjit Sarkar under Section 374(2) of CrPC, challenging the judgment and order of conviction and sentence dated 16.06.2006, passed by learned Special Judge, in Special Case No. 18 of 2006, convicting the appellant under Section 20(C) read with Section 25 of the NDPS Act, 1985 and sentencing him to suffer RI for 12 (twelve) years and to pay a fine of Rs. 1,00,000/- (rupees one lakh), in default of payment of fine to suffer further rigorous imprisonment for 3(three) years.
Criminal Appeal No. 02 of 2007 is filed by the Inspector of Customs, DFP Unit, Customs Division, Tripura, Agartala under Section 378(4) of CrPC, challenging the judgment and order of acquittal dated 16.06.2006, passed by learned Special Judge, West Tripura, Agartala, in Special Case No. 18 of 2006, acquitting the accused-respondent Sanjit Sarkar from the charge framed against him under Section 20(C) of the NDPS Act, 1985.
Heard learned counsel, Mr. H.K. Bhowmik for the appellant-Ranjit Sarkar in Criminal Appeal (J) No. 60 of 2006 and for the respondent-Sanjit Sarkar in Criminal Appeal No. 02 of 2007 and also heard learned Asstt. S.G., Mr. P.K. Biswas for the respondents in Criminal Appeal (J) No. 60 of 2006 and for the appellant in Criminal Appeal No. 02 of 2007.
2.1 Prosecution case, in short is that on 24.01.2006 at about 1830 hrs., a secret information was received at the Divisional Preventive Force Unit, Customs Division, Agartala, Tripura by the complainant Sandip Das, Inspector of Customs, that a Maruti Van vehicle, bearing No. TR-O 1-F-0394, carrying ganja and was proceeding towards Agartala from Teliamura, and on that information the complainant Sandip Das, Inspector of Customs along with Superintendent of Customs, J.L. Bhowmik with other staff left for Khayerpur on Agartala-Teliamura Road and ambushed on the road waiting for arrival of the offending vehicle. At about 1850 hrs., they found Maruti Van vehicle, bearing No. TR-01-F-0394 with abnormal high speed, running towards Agartala, and they raised signal to stop the vehicle but the vehicle accelerated it speed and kept moving faster towards Agartala defying the signal. The Customs officials with their Departmental vehicle chased the offending vehicle from behind. After proceeding to some extent, the offending vehicle stopped and the driver and another person, who were in the vehicle, fled away from the vehicle and the Custom officials, even after effort, could not detain those persons, who disappeared in the darkness. The offending Maruti vehicle was searched by the Customs officials in presence of two passersby (PW 3 and PW 4) and found three bags of ganja weighing about 42 Kg., and thereafter, they took the vehicle with ganja and the witnesses to their office at Agartala and seized the vehicle along with ganja, preparing seizure list/inventories, etc. The Inspector of Customs, Sri Sandip Das reported the information of search and seizure to the superior officers of the Department in writing (Exbt. 2). He also obtained a joint statement (Exbt. 7) of witnesses, namely, Priti Bhushan Biswas and Sukhamoy Choudhury, in whose presence the vehicle was intercepted and seized and took their signature in the seizure list.
2.2 On 27.01.2006, the Inspector of Customs, Sri Sandip Das lodged a written complaint (Exbt. 3) before the Special Judge, West Tripura, Agartala, through learned Asstt. Solicitor General, against the unknown driver and owner of the alleged Maruti Van vehicle, bearing No. TR-01-F-0394 and another unknown person, who was in the vehicle and he himself started inquiry/
