The appeal has been preferred under Section 374(2) of the Cr.P.C. challenging the legality and validity of the judgment and order dated 9.5.07 passed by the learned Special Judge, Sonitpur, Tezpur in NDPS Case No. 3/05 whereby appellant has been convicted and sentenced to RI for 15 years under Section 20(b)(ii)(C) of the Narcotic and Psychotropic Substance Act, 1985 (in short NDPS) and to pay a fine of Rs. 1 lac in default RI for another 2 years.

2. The case of the prosecution, in short, is that on receipt of a specific secret information, the officials of Customs and Preventive Force, Tezpur led by P.C. Sarma, Inspector of Customs intercepted a night-super bus bearing registration No. NL – 01-B/0611 coming from Dimapur towards Barpeta via Tezpur at about 23.00 hrs on 9.3.05, conducted a checking in the aforesaid bus. The officials in course of such checking, found three numbers of cartoons seemed to have contained biscuits under brand name and style “M/s Nezone Biscuit (P) Ltd. as the wrappers belonged to the said manufacturer. But due to exorbitant weight of the cartoons, raising doubt of foul play, those packets were examined. Then it was revealed that it contained cont