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1997 Supreme(Gau) 245

V.DUTTA GYANI
Md. Ayub – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
J.M.Choudhary, D.Goswami, B.M.Choudhary

This appeal arises out of judgment and order dated 19.2.97 as passed by the Sessions Judge, Kamrup, Guwahati in Sessions Case No.95(K)94 thereby holding the appellant guilty of offence punishable under section 21 of the Narcotic Drugs and Psychotrophic Substances Act, 1985, for short 'the NDPS Act,' and sentencing him to undergo RI for 10 years with fine of Rs. 1,00,000/- or in default in payment of fine to suffer 6 months RI.

2. Prosecution case stated in brief was that on 3rd June, 1994 Inspector Alauddin Ahmed of the Excise Department was on his usual rounds of checking at the Railway Station, Guwahati. While checking the passengers at the Railway over bridge, he stopped accused appellant with a suitcase in his hand as his movement arose suspicion. He was checked and searched which revealed that he was carrying 5 packets containing total quantity of 1.150 Kg of heroin which was seized as per the Seizure List Ext 1. The matter was reported to his immediate superior. The accused was produced along with the seized articles before the Chief Judicial Magistrate. It is stated that sample weighing 5 gms each were collected in presence of the Magistrate and sent to the State Forensic Sci







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