AGARTALA, India, April 17 -- Tripura High Court issued the following order/judgement on March 17:
[1] Heard Mr. J. Bhattacharjee, learned counsel appearing for the appellant also heard Mr. R. Datta, learned P.P. appearing for the respondentState.
[2] This is an appeal filed under Section-374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 21.09.2024 passed by the learned Special Judge (NDPS), Dhalai Judicial District, Ambassa in connection with case No. Special (NDPS) 34 of 2022, wherein, convicting and sentencing the convict appellant under Sections-20(b)(ii)(C)/25/29 of the NDPS Act, 1985 to suffer RI for 10 years for the commission of offence punishable under Sections- 20(b)(ii)(C) of the NDPS Act and also liable to pay a fine of Rs.1,00,000/- for the said offence in default, the convict shall undergo further RI for a period of one year and for the commission of offence punishable under Section-25 of the NDPS Act, he is also sentenced to suffer RI for 10 years and liable to pay a fine of Rs.1,00,000/- for the said offence with default stipulation. Further, he shall suffer RI for 10 years for the commission of offence punishable under Section-29 of the NDPS Act and liable to pay a fine of Rs.1,00,000/- for the said offence with default stipulation. All the sentences shall run concurrently.
[3] The factual backdrop of this case is that on 28.07.2022 SubInspector Gobinda Das of Ambassa Police Station (hereinafter referred as complainant) lodged one suo-motu complaint to the Officer-in-charge of Ambassa Police Station alleging, inter alia, that on 28.07.2022 at about 1605 hours the Officer-in-charge of Ambassa Police Station received a secret information that a six wheeler container truck bearing registration No.NL01- AF-7084 was proceeding towards Ambassa from Teliamura side with dry cannabis loaded inside the vehicle. Accordingly, the information was entered in Ambassa PS GD Book vide GDE No.40, dated 28.07.2022 and the information was communicated to SDPO, Ambassa seeking permission to conduct search. Thereafter, on receiving permission to conduct raid, the complainant along with the Officer-in-charge of Ambassa Police Station and other police personnel rushed to Bet Bagan Naka Point on National Highway-8 along with investigation kit box and weighing machine and at about 1645 hours they found the vehicle bearing registration No.NL01-AF7084 and gave signal to stop the vehicle and the accused Rahul Kumar @ Rahul Kumar Mahato was the driver of the vehicle.
[4] During checking of the vehicle, a hidden chamber was found behind the driver cabin of the vehicle and thus, Officer-in-charge of Ambassa Police Station sent a requisition to the SDM, Ambassa to depute one Executive Magistrate to remain present during search and seizure on the spot and thereafter, Executive Magistrate namely, Shri Prasenjit Malakar, DCM, Ambassa rushed to the spot. In the meantime CRPF personnel of 140 BN also rushed to the spot. Thereafter, the complainant prepared pre-search memo in presence of Executive Magistrate and independent witnesses and the hidden chamber of the vehicle was broken and 94 numbers of packets wrapped by cello tape containing 10 kgs in each packet dry cannabis were found and the complainant conducted preliminary field identification test by applying test kit and on weighing found 940 kgs of dry cannabis.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJDSBJqhq0bzIg7bWEnmpQM%2FvxyPQir9VIW72XGEdAdE&caseno=Crl.A(J)/67/2024&cCode=1&cino=TRHC010018422024&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
