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2022 Supreme(Gau) 22
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Ajit Borthakur, J.
Navratan Lal Soni, S/o Late Mothu Ram – Petitioner
Versus
Superintendent of Customs Preventive Unit Customs - Respondents
Crl.A./160 of 2017
Decided On : 07-02-2022
Advocate Appeared:
For the Petitioner: Mr Y.S. Mannan
For the Respondent: Mr. S.C. Keyal, SC
Point of Law: Search and seizer of Ganja – Commercial quantity – Conviction justified.
Headnote:
Criminal Procedure Code,1973 – Section 374, 294 and 313 - Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 20(ii)(c) - Evidence Act – Section 25 - Ganja - Prosecution case was instituted by way of a complaint lodged by Customs Department u/s 36A against accused appellant - It is alleged that complainant, then Inspector of Customs while posted in H.Q. Customs Preventive Unit, Office of Commissioner, North Eastern Region Shillong having jurisdiction over all North Eastern States to investigate offences under NDPS Act, received an information to effect that a consignment of ganja (cannabis) was being transported from Imphal to Uttar Pradesh via Silchar by one truck being hidden in a specially built chamber on roof top of driver’s cabin.
Finding of the Court:
Situated thus, in absence of any evidence to contrary, this Court is of opinion that as prosecution has proved beyond all reasonable doubt that, accused/appellant was found in conscious and exclusive possession of contraband ganja (cannabis) weighing 470.900 kgs (net) by transporting in seized truck’s secret chamber specially built on top of its driver’s cabin and aforesaid quantity was being more than commercial quantity as per schedule appended to N.D.P.S. Act, learned Trial Court has rightly held him to be guilty of charge aforementioned warranting no interference in impugned well-reasoned judgment and order.
Result: Appeal dismissed
JUDGMENT :
Heard Mr. Y.S. Mannan, learned counsel appearing on behalf of Mr. T. Thakuria, learned counsel for the appellant. Also heard Ms. P. Das, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, Customs Department.
2. This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed for setting aside and quashing the impugned judgment and order, dated 02.03.2017, passed by the learned Special Judge (NDPS Act) cum Sessions Judge, Cachar, Silchar in NDPS Case No. 11/2014 convicting the accused appellant u/s 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and sentencing him to undergo R.I. for 10 (Ten) years along with fine of Rs.1,00,000/-(Rupees One Lakh) and in default, to undergo R.I. for a period of 2 (two) years.
PROSECUTION CASE & INVESTIGATON :
3. The prosecution case was instituted by way of a complaint lodged by the Customs Department u/s 36A against the accused appellant. It is alleged that the complainant, the then Inspector of Customs while posted in the H.Q. Customs Preventive Unit, Office of the Commissioner, North Eastern Region Shillong having jurisdiction over all North Eastern States to investigate offences under the NDPS Act, on 03.08.2014, received an information to the effect that a consignment of ganja (cannabis) was being transported from Imphal to Uttar Pradesh via Silchar by one truck bearing Registration No. RJ-14-GB-6731 being hidden in a specially built chamber on the roof top of the driver’s cabin.
4. On the basis of the aforesaid information, the officers of the said Customs unit proceeded to Silchar Jiribam road and kept surveillance on the road and nearby areas. While vigilant near ISBT, Rongpur (near Silchar), at around 1400 hours on 05.08.2014, the officers intercepted/detected one Tata truck bearing the said Registration No. being parked wherein the accused appellant was found.
5. On a detailed examination of the said truck, the Officers found smell emanating from the roof top of the driver’s cabin. On a thorough search, a secret chamber was found built on the roof of the truck and it was opened in presence of the accused appellant wherein a number of packets of suspected ganja wrapped with newspapers and black polythene packets were noticed. After taking possession of the said truck and goods, on query by the searching Customs officers, the accused replied that the driver along with the helper had gone to Silchar for some work. As they did not return, the truck was brought to the Customs office, Silchar along with the accused. At around 1500 hours in presence of the accused appellant and witnesses, the secret cavity built on the roof of the cabin was opened and therefrom, 47 packets of suspected ganja compressed in rectangular shape wrapped with newspapers and black polythene sheets and tied with plastic rope were found, which weighed about 475.610 kgs. in gross and 470.900 kgs. net.
6. Samples were drawn in random and mixed homogenously and divided into two halves of 30 gms. each. Accordingly, panchanama was drawn, photographs were taken, vehicle documents were seized and inventory was prepared in presence of witnesses. They seized 47 packets of suspected ganja (cannabis) approximately valued at Rs.23,78,050/- and the truck valued at approximately Rs.8,75,000/- as per the insurance documents. It is stated that the accused appellant was found to have knowledge and was in full physical control of the seized contraband. The accused appellant was found to be the owner of the truck which was plied on Manipur-Rajasthan Road being driven by the driver one Chatar Singh of Amritsar with helper one Abed of Kotputli. Accordingly, the accused appellant was arrested for committing an offence punishable u/s 20(b)(ii)(c) read with Sections 23 and 25 of the NDPS Act, 1985 for violating the provision of Section 8(c) of the Act. Thereafter, the sample was sent to the Director, FSL, Govt. of Assam, Kahilip
