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2021 Supreme(Gau) 241

MIR ALFAZ ALI
Thounaojam Punima Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
M. Biswas, Advocate, B. Sarma, Advocate

JUDGMENT

Mir Alfaz Ali, J. - This appeal is directed against the judgment and order dated 15.11.2018 passed by the Special Judge, Kamrup in NDPS Case No. 52/2016, whereby the appellant was convicted u/s 17 (C) of the NDPS Act and sentenced to rigorous imprisonment for 10 years and fine of Rs. 4 lakh, in default to rigorous imprisonment for six months.

2. As per prosecution case, Superintendent, Headquarter, Customs Preventive Unit, Narcotic Cell received a secret information on 02-08-2016 at 8 am, that a person from Manipur would come to Gauhati Medical College Hospital with opium in order to sell the same to his customers. The said informant was reduced to writing and a team of customs officials was constituted to pursue the said information. Accordingly, the team of customs officials led by the PW-3 along with two independent witnesses were keeping surveillance in front of the Gauhati Medical College Hospital. At 2 pm, the customs official located the appellant, who was carrying a black bag. On being asked by them, the appellant introduced himself and on search of the bag, they found six packets containing suspected drugs inside the bag. On enquiry the appellant told that the said

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