Sivasagarjudiciary.gov.in

I N THE COURT OF S P
ECIAL JUDGE AT SIVASAGAR
cial Case No.4/2008
U/S.22(c)of N.D.P.S. Act
Sri Prahlad Khodal ----------- Accused.
Appearance :
J U D G M E N T
Prosecution case in brief is that 29.06.2008 at about 6:30 p.m., during checking at Halwating Bazar under Halwating Police Station, accused Prahlad Khodal was found carrying with him one Air Bag containing 60 packets of tablets weighing 100 gms for each packet(total 6 kgs.), suspected as Narcotic Drugs. Sample from the seized suspected Narcotic drugs were taken as per the provision of N.D.P.S. Act and sent the sample to FSL, Guwahati, for examination and report. Accused Prahlad Khodal was arrested U/S.42 of N.D.P.S. Act and forwarded to the custody with reference to Halwating P.S. G.D. Entry No.651 dated 29.06.2008. Subesquently, the report of FSL came which gave positive test for dextropropoxyphene, dicyclomine and paracetamol capsules. After getting positive FSL report, Sri Ranjit Kr. Baruah, S.I. of police of Halwating P.S. lodged written Ejahar on 26.07.2008. Police registered the case as Halwating P.S. Case No.24/2008, U/S.22 of N.D.P.S. Act. Police completed the investigation of the case and thereafter submitted charge-sheet against accused Prahlad Khodal U/S.22 of N.D.P.S. Act.
On appearance of the accused before the court, hearing was taken for framing of charge. After hearing the learned counsels of both sides and perusing the case diary, prima facie material was found for presuming that accused Prahlad Kholad had committed offence U/S.22(c) of N.D.P.S. Act and as such, charge under the said section of law was framed against the accused and read and explained to him to which he pleaded not guilty and claimed to be POINTS FOR DECISION
Whether on 29.06.2008 at about 6:30 p.m. at Halwating Bazar under Halwating P.S., accused Prahlad Khodal was found carrying with him and seized by police 60 packets of psychotropic substance, i.e., dextropropoxyphene dicyclomine and paracetamol capsules, weighing 100 gms. each capsules (Total 6 kgs.) without To prove the charge, prosecution examined 6 Nos. of witnesses. After closing the evidence for prosecution, recorded statement of accused Prahlad Khodal with reference to the evidence brought on record against him. Accused stated that he was carrying with him the psychotropic substance which was seized by police from Halwating Bazar on the date of occurrence. Defence adduced no evidence. I have heard argument advanced by learned Public Prosecutor and learned State Defence Counsel. I have gone through the evidence on record and considered the submission of the learned counsels of both sides and the statement recorded U/S.313 of Cr.P.C. to decide the case. DISCUSSION, DECISION AND REASONS THEREOF
P.W.1 Md. Mustafa Khan in his evidence stated that occurrence took place in the year 2008 at about 4:30 p.m. At the time of occurrence, he was at his shop. The C.R.P.F. personnel were checking vehicles on the road. At that time, accused was coming with one Air Bag and he was caught. Police took the accused at Halwating P.S. Weighing Scale was taken from his shop by police and he also went with the police. 60 packets of capsules which were found in the Air bag and on weighing found 6 kgs. It was seized vide Ext.1 Seizure List in his presence. Ext.1(1) is his signature. M. Ext.1 is the seized bag and M. Ext.2 are the seized capsules. There was 145 Nos. of capsules in each packet with 100 gms in weight. Ext.2 is the seized capsules with bag. Sample of capsules was taken in his presence and it was seized vide Ext.3 Seizure List and Ext.3(1) is his signature. At the time of seizure and taking sample, accused was present there. M. Ext. 3 is the sealed packet. M. Ext.4 is the sealed packet of the sample where accused put his signature in his presence. P.W.2 Md. Mamtaz Ali in his evidence stated that weighing of capsules were done by him and found 100 gms in each packets of capsules. There were 60 packets of capsules and the total weight was 6 kgs. He is a seizure witness of seized capsules. He stated that in his presence sample of capsules were taken. Police seized the capsules along with the bag from the accused. P.W.3 Sri Nabin Ch. Bora in his evidence stated that police seized the capsule from a person named Prahlad Khodal. 60 packets of capsules were found in the Air Bag and it was seized in his presence. In each packet, there was 145 Nos. of capsules. Police took sample of the capsules in his presence.
P.W.4 Sri Khagen Nath in his evidence stated that on 29.06.2008, he was the Police Constable of Halwating P.S. On that day, he was on duty. In the evening hours, near Liquor Agency, there was checking by police and C.R.P.F. and he was in the checking duty with them. At that time, accused was caught with M.Ext.1 Air Bag containing 60 packets of blue coloured capsules. M.Ext.2 is the said capsules. The capsules were seized vide Ext.2 Seizure List. Weighing of the seized capsules was done in his presence. Sample of seized capsule was taken. Accused was arrested on suspicion that it was psychotropic substance. 10. P.W.5 Sri P. Masilamani in his evidence stated that on 29.06.2008, he was working as Head Constable of 149 Bn. C.R.P.F. posted at Halwating under Halwating P.S. Accused standing in the dock is known to him. On that day at about 6 o’clock in the evening, he was on duty along with C.R.P.F. personnel and police staff near Halwating Police Station at Borsila P.W.D. road on checking duty. In course of checking duty, accused was asked to stop, but he attempted to flee away and thereafter he was caught. On search of his bag which the accused was carrying, it was found containing some blue coloured capsules. The capsules were suspected to be drugs and on enquiry, accused could not give any explanation. The accused along with the capsules contained in the Air Bag were immediately taken to Halwating P.S. and handed over to Officer on duty in the police station. Police seized capsules in his presence and also took sample from the seized packets for chemical examination by FSL. Ext.3 is the seizure list and Ext.3(5) is his signature as a witness. M. Ext.2 is the seized blue coloured capsules. M. Ext. 1 is the seized Air Bag. There was 60 packets of capsules. Each packets contained 145 Nos. of capsules weighing 11. P.W.6 Sri Ranjit Kr. Barua in his evidence stated that on 29.06.2008, he was at Halwating P.S. as Officer-in-charge. On that day at about 6:30 p.m., while there was checking duty by police and C.R.P.F. near Liquor Agency, then Police Constable no.321 Sri Khagen Nath informed him over telephone that one person named Prahlad Khodal was caught with drugs (Tablets) and he was detained. It was entered in G.D. No.651 dated 29.06.2008. Ext.5 is the extract copy of G.D. Getting the information, he informed the matter to Circle Inspector of Amguri Police Station. Immediately, the Circle Inspector came and authorized him to investigate the case. Ext.6 is the Authority Letter. He went to the place of occurrence and drew sketch map which is Ext.7. The Air Bag containing 60 packets of tablet were seized vide Ext.2 Seizure List. There was 145 Nos. of tablets in each packet. Weighing of the suspected drug was done. Sample of the tablets were taken in presence of the accused and the witnesses. The sample was sent to FSL, Guwahati for examination and report. Statement of the witnesses and the accused were recorded. Accused was arrested and forwarded to the court. On 26.07.2008, positive report of FSL came. Ext.9 is the FSL report. On that day, Ext.11 Ejahar was lodged against the accused and it was registered as Halwating P.S. Case No.24/2008 . After completion of the investigation of the case, he submitted charge-sheet against the accused which is 12. Coming to the evidence of P.W.1 Mustafa Khan, it is found that in front of his shop, there was checking duty by C.R.P.F. and at that time, accused was caught along with the Air Bag which he was taking with him. 60 packets of capsules were found in the bag of the accused. On weighing, it was found 6 kgs. in weight. Weighting was done by taking weighing scale from his shop. He is a seizure witness of seized 60 packets of capsules. Each strip contained 145 Nos. of capsules as per his evidence. He stated that on weighing, it was founds 100 gms. in each strips of capsules. It is found from the evidence of P.W.1 that in his presence, the Air bag containing 60 packets of capsules were seized by C.R.P.F. along with the police. Sample from the seized packets were taken also in his presence. P.W.1 is an independent witness. His evidence has been corroborated by P.W.2 Md. Mamtaz Ali in material particulars. P.W.3 Sri Nabin Ch. Bora, another independent witness also in his evidence stated that police seized 60 packets of capsules which were found from the Air Bag of the accused. P.W.4 Sri Khagen Nath who was on duty with police and C.R.P.F. on 29.06.2006 clearly stated in his evidence that accused was caught with 60 packets of capsules which were found in his Air Bag. P.W.4 is a seizure witness of contraband drugs. P.W.5 Sri P. Masilamani in his evidence also stated that on 29.06.2008 at about 6 p.m., he was on duty and at the time of checking, accused attempted to flee but he was caught and on checking of his Air Bag, found blue coloured capsules. 60 packets of capsules were found in the Air Bag. It was seized by police. He is a seizure witness. Sample of capsules were taken also in his presence. It is found from the evidence of P.W.6 Sri Ranjit Kr. Barua that the report of FSL which is Ext.10 gave positive test for dextropropoxyphene, dicyclomine and paracetamol. It is found that P.W.6 duly investigated the case and thereafter submitted the 13. Coming to the prosecution evidence, it is found that there is complete corroboration in the deposition of all the witnesses in respect of seizure of contraband psychotropic substance, i.e., 60 packets of dextropropoxyphene, dicyclomine and paracetamol tablets from the possession of accused Prahlad Khodal on 29.06.2008 at about 6/6:30 p.m. at Halwating Bazar near Liquor Agency. Accused was carrying the said contraband psychotropic substance with him in the Air Bag. Accused was trying to flee but he was caught and found with him the said psychotropic substance. On weighing, it was found in total 6 kgs.
14. Accused Prahlad Khodal in his statement recorded U/S.313 15. The seized 60 packets of contraband psychotropic substance was of 6 kgs. in weight, which involves commercial quantity.
16. In view of the discussions made above, it is found that prosecution has been able to prove the charge U/S.22(c) of N.D.P.S. Act against accused Prahlad Khodal beyond all reasonable doubt and as such, accused Prahlad Khodal is convicted JUDGMENT ON THE QUESTION OF SENTENCE
17. I have heard Prahlad Khodal on the question of sentence U/S.22(c) of N.D.P.S. Act and recorded his statement. I have heard learned state defence counsel and learned Public Prosecutor on the question of sentence U/S.22(c) of N.D.P.S. Act. Accused Prahlad Khodal has stated that he may be leniently dealt with in passing 18. Considering the facts and circumstances of the case and gravity of the offence, accused Prahlad Khodal is sentenced
U/S.22(c) of N.D.P.S. Act with Rigorous Imprisonment for 10
years and to pay fine of Rs.1,00,000/-(rupees one lakh) and in
default of paying fine, he will suffer Rigorous Imprisonment
for 1 year more.
The period of detention of the accused during investigation/trial will be set off from his substantive period of 19. The seized articles may be destroyed in due course of time. Furnish free copy of Judgment to the convict immediately and another copy to be sent to the District Magistrate, Sivasagar.
Given under my hand and seal on this the 1st day of
March,2012.

Source: http://sivasagarjudiciary.gov.in/JUDGMENT/SPL4OF2008.pdf