JUDGMENT :

Ananda Kumar Mukherjee, J.

1. This appeal has been preferred by the convict appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, assailing judgment and order of conviction dated 15.9.2003 and sentence dated 16.9.2003 passed by learned Judge Special Court under NDPS Act Birbhum, Suri, in connection with Case no. 10 of 1996 whereby the appellant was convicted for the offence punishable under section 20(b) of the NDPS Act and sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.20,000/- in default to suffer rigorous imprisonment for six months.

2. The impugned judgment has been assailed on the grounds that the conviction and sentence passed against the appellants is bad in law and due to failure on the part of the Learned Trial Court in appreciating the evidence in its true perspective. It is case of appellant that prosecution has failed to prove the charge against the appellant under section 20(b) of the NDPS Act beyond reasonable doubt and that no independent witness has been examined on behalf of the prosecution and further more prosecution has not been able to establish that the mandatory provisions of section 50 of the NDPS was