Mr. Paran Kumar Phukan, J. -- This appeal is directed against the judgment and order dated 28.8.2012 passed by the learned Sessions Judge, Barpeta in Special (NDPS) Case No. 2/2012 convicting the appellant under Section 20(b) (i) of the NDPS Act and sentencing him to rigorous imprisonment for 4 (four) years and to pay fine of Rs. 20,000/-, in default, to rigorous imprisonment for one year.

2. The factual aspects of the case sans unnecessary details are that on 27.01.2012, the Officer-In Charge, Sorbhog Police Station, on receiving secret information that the accused appellant was proceeding towards Balabhitagaon in his motor cycle carrying cannabis (ganja), made GD Entry No. 823 dated 27.01.2012 and immediately proceeded towards the spot with other staff members including Sub-Inspector of Police Basant Kumar Bora. At about 5 pm they noticed the accused appellant riding a motor cycle carrying 2 bags in the backside and proceeding towards Balabhita and when the police party tried to intercept him, he diverted his motorcycle and entered into the campus of one Mohuruddin. Following his trail, the police party also entered into the campus and on conducting search of the bags found in the

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