Indira Shah, J.

1. The Judgment and order dated 16.05.2009 passed by the learned Special Judge, Darrang, Mangaldai in Special (N) Case No. 2/2008 convicting the appellant under Section 20(b)(ii)(B) of Narcotics Drugs and Psychotropic Substances Act (in short NDPS Act) and sentencing him thereby to under to rigorous imprisonment for 5 years with a fine of Rs.20,000 in default further rigorous imprisonment for 6 months have been challenged. Heard Mr. P.K. Talukdar, learned counsel for the appellant. Also heard Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam.

2. The prosecution case in brief is that on 02.04.2008 at around 9.00 p.m. while the police along with SSB personnel were on patrolling duty they noticed the accused carrying suspected Ganja on his bicycle. He was stopped by the SSB personnel and the Ganja like substance was recovered from his possession and seized vide the Ext-1. The accused was then taken to SSB camp and then to the Bhairabkunda police outpost. FIR being lodged by the commandant of 17 battalion SSB Bhairabkunda Officer-in-Charge, Udalguri police station registered case No. 37/2008 under Section 20B of NDPS Act. The seized suspected Ganja was weighe