Sentence serving convicts are in appeal from jail. They were prosecuted in Marioni GRPS Case No.11 of 2006 and were convicted under Section 22(C) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1 lac and in default of payment of fine to undergo simple imprisonment for one year by the learned Sessions Judge Golaghat vide judgment dated 16.8.2007 rendered in Sessions (special) case No.5 of 2006. They have preferred the appeal individually against the said judgment and as such both appeals, for the sake of convenience, are heard together and being disposed of by this common judgment.

2. The prosecution case is this. One Sri Girindra Nath Haloi, Incharge of Furkating Government Railway Police Out Post, (GR OP in short), along with his staff, while checking luggages at Platform No.1 of Furkating Railway Station, found one unattended steel trunk and when he made an enquiry about it, the accused appellants came forward as owners of the said trunk. When the trunk was opened some spamo proxyvon relipan and orange coloured capsules were found. He suspected the capsules to be Narcotic drugs and on suspicion he brought the accused persons

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