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2021 Supreme(Tri) 6
IN THE HIGH COURT OF TRIPURA, AGARTALA
Akil Kureshi, Arindam Lodh, JJ.
Sri Ajit Debbarma, son of late Mohanta Chandra Debbarma – Appellant
Versus
The State of Tripura - Respondent
CRL. A.(J) 23 of 2019
Decided On : 19-04-2021
Advocate Appeared:
For the Appellant :Mr. D. Debbarma, Advocate
For the Respondent: Mr. S. Debnath, Addl. PP
Point of Law : NDPS Act – Recovery of Ganja - no search warrant was issued by a competent Magistrate to conduct raid and search of the house of the accused was made in violation of the mandate of Section 41(2) of the NDPS Act.
Headnote:
NDPS Act, 1985 - Section 20(b)(ii)(c) and 25 - Dry Ganjas - Order of Conviction - Officer-in-Charge of Khowai PS received a secret information at 0705 hours to effect that huge quantity of ganja was accumulated in dwelling hut of accused-appellant - Said information was reduced into writing through a GD information was communicated to Superintendent of Police (SP), Khowai as well as to Sub Divisional Police Officer Khowai, thereafter, Officer-in-Charge accompanied by Deputy SP (DIB), Khowai and other police officials conducted raid and searched the dwelling hut of accused headed by Deputy SP - Accused was found absent - Pre-search memorandum was prepared in presence of two local independent witnesses and other senior police officers - Information was given to wife of accused, regarding accumulation of huge quantity of dry ganja in their dwelling hut and carried on search after obtaining her consent - During research operation, 19 numbers of plastic bags were recovered - Those were weighed by a weighing machine brought from the local market - Total 294 kgs. 300 gm. of dry ganja inclusive of plastic bags were measured - Accordingly, entire quantity was seized with proper packing with gala and seal impression - Samples were taken in two number of paper envelopes in presence of witnesses and senior police officials and other police personnel following the provision of law. Post-trap memorandum was prepared - Thereafter, based on a written complaint by complainant, Officer-in-Charge of Khowai PS registered a case vide Khowai PS case under Section 20(b)(ii)(c) and 25 of NDPS Act, 1985, against accused- appellant.
Finding of the Court : It transpires that secret source informed Officer-in-Charge, Khowai PS that if search operation is not conducted at that instance, then, those contraband articles would be smuggled to Bangladesh - That information stating the ground was reduced into writing and, said information was passed on to the S.P., Khowai, who without loss of time instructed the Deputy SP, Khowai, to conduct raid and search of house of accused as per secret information - Here, it is apparent that Officer-in-Charge, Khowai PS has recorded the reasons to believe that fulfils requirement of Section 42(2) of the NDPS Act, 1985 - extract of GD entry no. 7 and other detailed information sent to S.P., Khowai within 72 hours were not disputed by the defence, as they could not shake evidence of prosecution witnesses in this regard - We are unable to disagree with the findings recorded by the learned Special Judge, North Tripura, Dharmanagar holding accused-appellant as guilty of committing offence under Section 20(b)(ii)(c) of NDPS Act, 1985.
Result : Appeal dismissed
JUDGMENT :
Arindam Lodh, J.
This appeal is directed against the judgment and order of conviction and sentence dated 19.03.2019 passed by the learned Special Judge, Khowai, Tripura, in case No. Special (NDPS) 15 of 2018 whereby and whereunder the appellant was convicted under Section 20(b)(ii)(c) and 25 of the NDPS Act, 1985 and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,00,000/- with default stipulation.
2. Heard Mr. D. Debbarma, learned counsel appearing for the appellant as well as Mr. S. Debnath, learned Additional PP appearing for the respondent.
3. Briefly stated, the Officer-in-Charge of Khowai PS received a secret information on 02.06.2018 at 0705 hours to the effect that huge quantity of ganja was accumulated in the dwelling hut of the accused-appellant. The said information was reduced into writing through a GD Entry no. 07 dated 02.06.2018. The information was communicated to the Superintendent of Police (SP), Khowai as well as to the Sub Divisional Police Officer (SDPO), Khowai. Immediately, thereafter, the Officer-in-Charge accompanied by the Deputy SP (DIB), Khowai and other police officials conducted raid and searched the dwelling hut of the accused Ajit Debbarma headed by Deputy SP (DIB). The accused was found absent. Pre-search memorandum (Exhibit 1) was prepared in presence of two local independent witnesses and other senior police officers. The information was given to Smt. Joylaxmi Debbarma, wife of the accused, regarding accumulation of huge quantity of dry ganja in their dwelling hut and carried on search after obtaining her consent. During pre-search operation, 19 numbers of plastic bags were recovered. Those were weighed by a weighing machine brought from the local market. Total 294 kgs. 300 gm. of dry ganja inclusive of plastic bags were measured. Accordingly, the entire quantity was seized with proper packing with gala and seal impression. Samples were taken in two number of paper envelopes (each containing 100 gm), in presence of witnesses and senior police officials and other police personnel following the provision of law. Post-trap memorandum (Exhibit-3) was prepared. Thereafter, based on a written complaint by the complainant, Sukanta Debbarma, Officer-in-Charge of Khowai PS registered a case vide Khowai PS case No. 2018/KHW/069 dated 02.06.2018 under Section 20(b)(ii)(c) and 25 of the NDPS Act, 1985, against the accused-appellant, Ajit Debbarma.
4. Investigation was carried out. Investigating officer had visited the PO, prepared handsketch map (Exhibit-24), recorded the statement of the available witnesses under Section 161 Cr.P.C. and seized the dry ganja which were found inside 19 nos. of plastic bags weighing 294 kgs. 300 gm. and seized the entire articles. Prepared inventories and samples were drawn from each packet for a quantity measuring 100 gm. in separate yellow envelope and after drawing samples sealed the said envelopes in presence of independent witnesses. On the same date, a detail report was communicated to the SP, Khowai and all the contraband goods (except control samples) were kept in District NDPS store. On 27.06.2018, the investigating officer had arranged to send the sample drawn to Tripura State Forensic Science Laboratory, Narsinghar for chemical examination and opinion. Subsequently, report dated 06.09.2018 confirms the samples as dry ganja. During investigation, the investigating officer submitted a prayer before the learned CJM, Khowai for certificate of correctness of the inventories and for drawing up of representative samples with a prayer for pre-trial disposal of the dry ganja through Drug Disposal Committee (DDC). On 18.08.2018, the accused Ajit Debbarma had surrendered before the court of learned Special Judge, Khowai, Tripura. After completion of investigation, the investigating officer has submitted charge-sheet against the accused. Trial was commenced with framing of charge against the accused for the offence punishable un
