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2024 Supreme(Gau) 645

PARTHIVJYOTI SAIKIA
Biplab Baidya, S/o Sri Balaram Baidya – Appellant
Versus
Union Of India Represented By Customs Headquarter Preventive Unit, Narcotic Cell – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M Biswas
For the Respondent: Mr. S.C. Keyal,

JUDGMENT :

Heard Mr. M. Biswas, learned counsel appearing for the appellant. Also heard Mr. S.C. Keyal, learned Standing Counsel, NCB, representing the respondents.

2. This is an appeal under Section 374 of the Code of Criminal Procedure against the judgment and order dated 27.02.2023 passed by the learned Addl. Sessions Judge (FTC) No.3, Kamrup (M), Guwahati in NDPS Case No.75/2018.

PROSECUTION CASE

3. On 06.02.2018 at about 1700 hrs., the respondents NCB, Guwahati received an information that two persons, namely-Biplab Baidya and Swapan Das were travelling from Tripura to Guwahati in a Truck bearing Registration No. NL-01L-4832 with a consignment of ganja and will reach Khanapara Flyover area at Guwahati at about 2130 hrs. on that day. Mr. Kuldeep Tomar, the Intelligence Officer, NCB, Guwahati reduced the information into writing and submitted the same to Mr. Rakesh Chandra Shukla, the Zonal Director of NCB, Guwahati.

4. Pursuant to an order of the said Zonal Director, a team of intelligence officers, namely-Mr. Aram Anth (team leader), Mr. Kuldeep Tomar, Mr. Karamveer Singh, Mr. Atul Giri, Mr. Vipin Kumar, Sandeep Kumar, Jugal Ch. Das, S.C. Jena and Mr. Rajesh Thapa was constituted.

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