The Special Judge, ND and PS, Manipur on Friday convicted a truck driver for the offence of unauthorised possession of 16,000 numbers of SP capsules on August, 5, 2013 at Sekmai Bazar, opposite to bus stand, under section 54 of ND&PS Act and punishable under section 21 (c) of the ND&PS Act.
The truck driver, Safiqur Rahaman, 31, son of (L) Md Amu of Lilong Tairen Makhong, Thoubal district was arrested in August of 2013 during frisking and checking at Sekmai Bazar by police personnel. From his possession, police seized capsules of SP tablets. The IO of the case charged him under section 21/25/60 (3) ND&PS Act and submitted a charge sheet against him.
During verification, Safiqur Rahaman disclosed that the seized drugs were handed over by the actual owner, Md Amir, 31, son of (L) Md Lucky of Lilong Ipham, Thoubal district on July 30, 2013 at Guwahati to be handed over to the owner at Imphal. He was paid Rs 10,000 for his service. However, Amir could not be arrested and his whereabouts is not known till date.
The convict denied charges stating he is a mere driver and only has knowledge of goods that are loaded at Imphal or Guwahati.
The court came to the conclusion that the prosecution has already proved beyond reasonable doubt that the 16,000 numbers of SP capsules were seized from unauthorised possession of the accused and that the accused failed to give any satisfactory explanation as to how the SP capsules were found in the truck driven by him.
As the driver had knowledge only about the goods that are loaded at Imphal or Guwahati and that his duty was to transport those goods till the unloading station, he denied having knowledge about contraband drugs seized from the truck which he was driving. The explanation given by the accused is unsatisfactory, opined the court. Hence, presumption against the accused under section 54 of NDPS Act is made that the accused has committed the offence of unauthorised possession of 16,000 numbers of capsules, the court said.
The court, having found evidence against Safiqur Rahaman, convicted him for the offence of unauthorised possession of contraband drugs.
The court cancelled the bail granted to him and directed him to surrender before the court on November 23, as at present he is unwell.