Ikram Ali vs The State Of Assam And Anr
2025 Latest Caselaw 1023 Gua

Gauhati High Court

Ikram Ali vs The State Of Assam And Anr on 15 July, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                           Page No.# 1/7

GAHC010077552022




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./67/2022

            IKRAM ALI
            S/O MD. MANJU AL
            RESIDENT OF VILLAGE MOLLAPARA, WARD NO. 11, PS AND DIST
            NALBARI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI BISWA JYOTI DOWARI
             S/O JUGAL DOWARI
            VILLAGE JAMUGURI NO. 1
             PS DHAKUAKHANA
             DIST LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR J I BARBHUIYA, MR. L MOHAN,MS F BEGUM

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/188/2022

            KAMAL ALI
            S/O LATE KUTUB ALI
            RESIDENT OF VILLAGE MOLLAPARA
            NALBARI TOWN
            WARD NO. 11
                                                   Page No.# 2/7

PS AND DIST NALBARI
ASSAM
781335


VERSUS

THE STATE OF ASSAM
REPRESENTED BY PP ASSAM


------------

Advocate for : MD. S M RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

Linked Case : I.A.(Crl.)/186/2022

IKRAM ALI S/O MD. MANJU AL RESIDENT OF VILLAGE MOLLAPARA

PS AND DIST NALBARI ASSAM

VERSUS

THE STATE OF ASSAM AND ANR.

REPRESENTED BY PP ASSAM

2:SRI BISWA JYOTI DOWARI S/O JUGAL DOWARI

PS DHAKUAKHANA DIST LAKHIMPUR ASSAM

------------

Advocate for : MR J I BARBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

Linked Case : Crl.A./69/2022 Page No.# 3/7

KAMAL ALI S/O LATE KUTUB ALI RESIDENT OF VILLAGE MOLLAPARA NALBARI TOWN

PS AND DIST NALBARI ASSAM 781335

VERSUS

THE STATE OF ASSAM REPRESENTED BY PP ASSAM

------------

Advocate for : MD. S M RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

:: PRESENT ::

HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

For the Appellant : Mr. J.I. Barbhuiya, Mr. S.M. Rahman, Advocates.

                 For the Respondent(s)        :       Mr. R.R. Kaushik,
                                                      Addl. P.P., Assam.
                                                      Ms. A. Begum,
                                                      Addl. P.P., Assam.

                  Dates of Hearing                :   11.03.2025 and
                                                      10.04.2025.
                 Date of Judgment                 :   15.07.2025.


                        JUDGMENT AND ORDER (CAV)

Heard Mr. J.I. Barbhuiya and Mr. S.M. Rahman, learned counsels appearing for the appellants. Also heard Mr. R.R. Kaushik and Ms. A. Begum, learned Addl. Public Prosecutors, Assam.

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2. Both these appeals under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment and order dated 15.03.2022 passed by the learned Sessions Judge, Nalbari in NDPS Case No.23 of 2020. The appellants were convicted under Section 22(c) of the NDPS Act and were sentenced to undergo rigorous imprisonment of 10 years each and to pay fine of Rs.1,00,000/- each with default stipulations.

3. On 16.06.2020, the appellant Kamal Ali was found selling SPAS TRANCAN PLUS tablets within Nalbari Civil Hospital Complex. He was caught red handed. From his pocket those medicines were seized. The appellant Kamal Ali told police that he procured those medicines from the appellant Ikram Ali. The house of Ikram Ali was searched. 113 strips of SPAS TRANCAN PLUS and 8 strips of Alprazolam tablets were recovered.

4. During the trial, the appellants were found guilty under Section 22(c) of the NDPS Act. Both of them were convicted accordingly.

5. I have gone through the impugned judgment and the evidence available.

6. The first prosecution witness was Biswajyoti Dowari. He was a Probationary Sub- Inspector of Police on the day of occurrence. On 16.06.2020, he received information from the Nalbari Civil Hospital Out-Post that a person called Kamal Ali was selling contraband tablets. This witness was sent to the Nalbari Civil Hospital. Kamal Ali was caught red handed while he was selling SPAS TRANCAN PLUS 32 tablets. The said medicines were seized from the pocket of Kamal Ali.

7. During interrogation, Kamal Ali informed police that he procured the medicines from the present appellant. Accordingly, the house of the present appellant was searched and 113 strips of SPAS TRANCAN PLUS tablets along with 8 strips of Alprazolam tablets each containing 75 tablets were recovered.

8. The witness Biswajyoti Dowari has stated in his cross-examination that while filing the FIR, he did not enclose the authority slip given to him by his superior officer.

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He admitted that at the time of search of Kamal Ali, he did not call any employees of the Civil Hospital.

9. The second witness was Bhupen Kalita. He was the Incharge of the Civil Hospital Police Out Post. He has stated that he had received an information that one person was selling contraband items in front of the Gynaecology Ward of the Civil Hospital. He immediately went to the Gynaecology Ward and apprehend Kamal Ali. In the meantime, the witness Biswajyoti Dowari had arrived there and Kamal Ali was handed over to him along with the medicines recovered from him.

10. In his cross-examination, there is nothing relevant for elaborate discussion.

11. The third prosecution witness was Bhola Das. He is the driver of an ambulance of the Civil Hospital. Therefore, he was present at the Civil Hospital on the day of occurrence. The witness Bhola Das has stated in his evidence that police recovered blue coloured tablets from the vehicle of Kamal Ali, which was parked in a campus of the Civil Hospital. The witness Bhola Das is a witness of the seizure of the tablets and the car.

12. In his cross-examination, Bhola Das has stated that the tablets were found in the vehicle of Kamal Ali.

13. The fourth prosecution witness was Ritikesh Baishya. He was also a driver of an ambulance. He stated in his evidence that Kamal Ali had come in his Alto Car and huge number of suspected drugs (tablets) were recovered from the said car. He stated that the tablets were kept on the seat next to the driver's seat.

14. The fifth prosecution witness is Dr. Dhrubajyoti Hazarika. He was the Joint Director of the Forensic Science Laboratory, Guwahati. He has stated in his evidence that he received SPAS TRANCAN PLUS tablets and Alpracan-0.5 tablets for examinations and he found that the tablets contained 48.50 mg of Tramadol. On the other hand, Alpracan-0.5 tablets contained Alprazolam.

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15. There is nothing relevant in his cross-examination.

16. The sixth prosecution witness is Krishnapriya Kataki. On 16.06.2020, she was working as a Sub-Inspector at Nalbari Police Station. On that day, the first prosecution witness Biswajyoti Dowari had lodged the FIR at police station. She investigated the case.

17. This witness has stated in her evidence that the informant Biswajyoti Dowari had first apprehended the present appellant from an Alto car bearing Registration No.AS- 28-6202 while the car was parked within the campus of the Nalbari Civil Hospital. The witness Krishnapriya Kataki has stated that from the present appellant, police came to know that the other person named Kamal Ali has got a huge amount of contraband items in his house. Accordingly, the house of Kamal Ali was searched and huge amount of contraband drugs were seized. This witness has stated in her evidence that she had visited the house of Kamal Ali while the seizure of medicines were made. This witness had recorded the statements of some witnesses including Kamal Ali and the present appellant. On conclusion of investigation, this witness laid the charge sheet against the present appellant and Kamal Ali.

18. On careful perusal of the prosecution evidence, one aspect is apparent on the face of the record. The witness Biswajyoti Dowari has stated in his evidence that Md. Kamal Ali was found selling the medicines within the campus of Nalbari Civil Hospital and on the basis of a disclosure statement made by Kamal Ali, the house of the appellant Ikram Ali was searched and large quantity of medicines were recovered from there. On the other hand, the Investigating Officer Krishnapriya Kataki has stated in her evidence that while the appellant Ikram Ali was selling medicines within the Hospital Complex, he was apprehended and on his disclosure statement, the house of Kamal Ali was raided. She went on to state that while police was searching the house of Kamal Ali, she was present there.

19. So, at this stage, the question arises whether medicines were recovered from Page No.# 7/7

Ikram Ali or from Kamal Ali within the Nalbari Civil Hospital complex? The other question that arises is from whose house, Kamal Ali's or Ikram Ali's house medicines were recovered? Both the questions cannot be answered definitely because the prosecution evidence to that effect is very shaky. The witnesses gave two different versions.

20. This Court is of the opinion that the learned trial court had erroneously appreciated the evidence and arrived at an incorrect finding.

21. It is a cardinal principle of criminal law that an offence against an accused must be proved beyond all reasonable doubt. In the case in hand, the offence against the appellants has not been proved beyond all reasonable doubt. A thick cloud of doubt hovers over the entire prosecution story against the present appellants. The benefit of doubt must be given to the appellants.

22. Accordingly, the appeal is allowed. The impugned judgment and order dated 15.03.2022 passed by the learned Sessions Judge, Nalbari in NDPS Case No.23 of 2020, is set aside. On benefit of doubt, the appellants Md. Ikram Ali and Kamal Ali are acquitted from this case.

23. If the appellants Md. Ikram Ali and Kamal Ali are still in jail custody, they shall be set at liberty forthwith.

Send back the LCR.

JUDGE

Comparing Assistant