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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.
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
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