JUDGMENT :

Abhay Manohar Sapre, J.

(1) This appeal is filed against the final judgment and order dated 31.08.2004 passed by the High Court of Calcutta in C.R.A. No. 269 of 2003 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and affirmed the orders dated 11.04.2002 and 12.04.2002 of the Special Judge, N.D.P.S. Act and VIth Bench, City Sessions Court at Calcutta in N.D.P.S. Case No. 11 of 1998 convicting the appellant herein under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as “the NDPS Act”) and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/-, in default, to suffer further rigorous imprisonment for one year.

(2) The case of the prosecution is as under:

Acting on an information received on 21.05.1998, a batch of officers of N.C.B., EZU, Calcutta led by a Gazetted Officer proceeded for New Sarat Lodge at 77/1A, Acharya Prafulla Chandra Road, Calcutta. After reaching there, the N.C.B. officers searched the room of the appellant herein who was staying in Room No.1 of New Sarat Lodge. The officers asked the appellant in writing as to whether he w