The appellants were convicted under Section 20(b)(ii)(C) of the N.D.P.S. Act,1985 in Sessions (Special) Case No. 1/07 vide judgment and order dated 3.8.2007 passed by the learned Special (Sessions) Judge, Barpeta. By the said judgment and order the convict/appellant No. 1 Shri Bhim Ram was sentenced to undergo R.I. for 15 years and fine of Rs. 3 lakhs and in default of payment of fine, further R.I. for 5 years and the convict/appellant No.2 Shri Sanjoy Ram and convict/appellant No. 3 Smt. Indra Devi were sentenced to undergo R.I. for 10 years each and fine of Rs. 1 lakh in default of fine, further R.I. for 2 years. This appeal is directed against the said conviction and sentence.

2. The prosecution story is that on 18.12.06 at about 12.43 P.M.(noon), 5636 Down Usha Express arrived at Barpeta Road Railway station at No.1 Platform. The in-charge of Barpeta Road Railway GRP outpost made the GD entry No. 343 dated 18.12.06 and proceeded alongwith his staff to check the suspected luggages in the said train. He asked his staff Shri Dilip Sarma , Hemanta Sarma and Lachit Hazarika to check from engine side. He along with staff Shri Bipin sarma and Shri Anil Gayari started to check from the

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