Md. Mumtaz Khan, J.

1. This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated March 19, 2010 passed by the Ld. Judge, Special Court (under NDPS Act), 2nd Court, Jalpaiguri in NDPS Case No. 31 of 2007. By virtue of the impugned judgment appellant was found guilty of the commission of the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1995 (hereinafter referred to as NDPS Act) and was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. one lakh in default to suffer imprisonment for six months more with a direction for set off.

2. The prosecution, in brief, is as follows:-

3. On August 16, 2007 at 0.45 hours while P.W.5 was on night patrolling duty along with P.W.2 and P.W.6 he received a secret source information that one person was proceeding towards NJP station through Iskon Mandir road side carrying a large quantity of ganja on his bicycle. He then apprised the matter to the officer-in-charge Bhaktinagar P.S. and after getting permission left to work out the said information. P.W.1 and A.S.I. Uday Chakraborty also came there along with