Debiprasad Sengupta, J.: The present appeal is against the judgment and order dated 22/23.6.98 passed by the learned Judge, 6th Bench, City Sessions Court, Calcutta & Special Judge in N.D.P.S. Case No. 31/95 convicting the appellants for committing an offence punishable under section 21 of the N.D.P.S. Act and sentencing them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh each in default of which to undergo rigorous imprisonment for a further period of 1 year.

2. The prosecution case in brief is that on 11.7.95 the officer of the Narcotic Control Bureau acting on a source information searched room No.2 of Puspa Hindu Hotel and Lodging House in presence of two independent witnesses at 22, M.G. Road, Calcutta from 10.30 a.m. to 3 p.m. The present appellants were found to be in occupation of the aforesaid room and during search 3.10 kgs. of brown coloured powder believed to be heroin was found in the bed of the appellants which was kept inside a cloth bag being wrapped in a polythene packet. Preliminary test at the spot revealed the same to be heroin. All the articles found inside the room were seized. Two sample packets of the aforesaid substance