SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Malber Khan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Suman Shyam, J
1. Heard Ms. S.K. Nargis, learned counsel appearing for the appellants. Also heard Ms. S. Jahan, learned APP, Assam, appearing for the State.
2. Assailing the judgment dated 11/12/2017 passed by the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati, in connection with NDPS Case No. 07/2016 convicting both the appellants under section 20(b)(ii) (C) read with section 29 of the NDPS Act, 1985 and sentencing each of them to undergo rigorous imprisonment for 12 years and also to pay fine of Rs. 1,00,000/-each, the present appeal has been preferred.
3. The prosecution case, in a nut shell, is that on 29/11/2015, both the appellants were caught red-handed at around 5-45 a.m. by the GRPF personnel carrying 3 (three) bags containing ‘Ganja’ (Canabis). The RPF personnel on duty at the Kamakhya Railway Station had apprehended the two accused persons along with three bags containing four packets of ‘Ganja’ like substance and handed them over to the Police. Nk 165 Noor Mohammad Ali informed the matter to the Police, based on which Kamakhya GRP O.P. GDE No. 589 dated 29/11/2015 was made. On 29/11/2015, Sub-Inspector (SI) of Police Sri Mahesh Baishya had lodged an
Ashok alias Dangra Jaiswal Vs. State of Madhya Pradesh reported in (2011) 5 SCC 123.
Gurbax Singh Vs. State of Haryana reported in (2001) 3 SCC 28.
Gangadhar alias Gangaram Vs. State of Madhya Pradesh reported in (2020) 9 SCC 202.
Noor Aga Vs. State of Punjab and another reported in (2008) 16 SCC 417.
State of Rajasthan Vs. Tara Singh reported in (2011) 11 SCC 559.
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