Point of Law: Section 52A deals with disposal of seized drugs and psychotropic substances.

JUDGMENT :

1. Heard Mr. N.N.B. Choudhury, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P. for the State.

2. This appeal is directed against the Judgment and Order dated 13.07.2022 passed by the learned Addl. Sessions Judge No. 3-cum-Special Judge, Nagaon in connection with Special NDPS Case No. 27/2021 convicting Md. Diluwar Hussain and Md. Rashidul Hoque (hereinafter referred to as A1 and A2) and sentencing them to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lac with default stipulation u/s 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short).

3. The genesis of the case was that on 21.02.2021 at about 11:38 PM, the Secretary of the Khatowal VDP informed the police over phone that while he along with the VDP members were patrolling around the Khatowal bazaar, they intercepted one pickup van with two occupants carrying three bags of suspected contraband. The SI Naren Chandra Rabha of Rupahihat P.S. immediately recorded the G.D. Entry and proceeded to the place of occurrence (PO in short) accompanied by OC, Inspector Pintu Pathak, Head Constable Madhab Kalita, UBC Abul Basar and ABC Golap Nath. In the PO and in presence of witnesses a search was made and three (3) bags were recovered from the vehicle. Two (2) packets of suspected ganjawere found inside one green coloured bag, two (2) packets of suspected ganjawere found inside one black coloured leather bag and one (1) packet of suspected ganjawas found inside one green coloured trolley bag. All these five (5) bags were wrapped by 5 packets of black coloured polythene material. These bags were weighed with the help of a Digital Weighing Machine and the weight was found to be 52.30 kg. The vehicle of Tata Zip XL make and the ganja packets were seized in presence of witnesses at the PO. The appellants, A1 and A2 had collected the seized ganjafrom several places for transportation and sale. An FIR regarding this incident was lodged by S.I. Sri Naren Chandra Rabha (hereinafter referred to as informant) and was registered as Rupahihat P.S. Case No. 128/2021 u/s 20(b)(ii)(C) of the NDPS Act and SI(P) Rana Patar was endorsed with the investigation.

4. The Investigating Officer (IO in short) embarked upon the investigation and on completion of investigation submitted charge-sheet against the appellants. On commencement of trial a formal charge u/s 20(b)(ii)(C) of the NDPS Act was framed and read over and explained to the appellants who adjured their guilt and claimed innocence. To substantiate its stance, the prosecution adduced the evidence of 9 witnesses and the defence cross-examined the witnesses to refute the charges.

5. On the incriminating materials arising against them, several questions were asked to the appellants u/s 313(1)(b) of the Code of Criminal Procedure (Cr.PC for short) and the response of the appellants were recorded. The appellants answered to the queries in an evasive manner with answers like “false”, “I don’t know and “I am innocent.”

6. The trial Court decided this case on the following points:-

“The point for determination is whether the accused persons, on 22.02.2021 at about 12:30 am at Uttar Khatowal Bazzar under Rupahihat PS of Nagaon district, in contravention of the provisions of the NDPS Act, 1985 or any rule or order made or condition of license granted thereunder, possessed 52.30 kg of Ganja which contravention involved commercial quantity and thereby committed an offence punishable under Section 20(b)(ii)(C) of the NDPS Act, 1985?”

7. It was held by the learned trial Court that:-

PWs-2 and 7 revealed that A2 was driving the vehicle and A1 was the owner of the seized articles. This has been substantiated by the evidence of PWs-3, 4 and 5 who deposed that A2 was driving the vehicle. PW-5 revealed during cross-examination that A1 told him that the bags contained clothes. These revelations clearly affirm that A1 was the owner of the seized ganjaand was in conscious poss