JUDGMENT AND ORDER :

1. This is an appeal against the judgment and order dated 24.10.2008, passed in Sessions (Special) Case No. 6(K)/2007 by the learned Sessions Judge, Kamrup, Guwahati, convicting the accused/appellant under Section 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “Act”) and sentencing him to RI for 2 (two) years and fine of Rs. 10,000/- in default, RI for another 3 (three) months.

2. On receipt of an information that the accused/appellant, a GRPF Constable, kept some contraband-suspected to be ganja, in his quarter, the Officer In-Charge of Rangia Police Station, Sri Biren Borgohain reduced the same into writing, vide GD Entry No. 141 and authorised Md. Amjad Ali, SI of Police, to take required steps as per procedure. Thereafter Md. Amjad Ali, along with some other Police officials and Civil officials, searched the house of the accused/appellant observing the prescribed Rules and Procedure.

3. On such search, the SI of Police, Md. Amjad Ali seized 2½ kgs. of suspected ganja in presence of the witnesses along with some other articles, such as smoking pipe and knife. These were seized from the possession of the accused/appellant. The seized articles were brought to the Police Station thereafter.

4. The Officer In-Charge of Rangia Police Station lodged an FIR. The Rangia Police Station registered a case being Rangia PS Case No. 397/2007 under Section 20(B) of the ‘Act’ and entrusted SI of Police, Md. Amjad Ali with the investigation of the case. The Investigating Police Officer examined the witnesses, took samples from the seized articles, and sent the same to the Forensic Science Laboratory (FSL) for necessary action.

5. The FSL report opined that the samples of articles sent to it got positive test for cannabis following which the Investigating Officer submitted Charge-Sheet against the accused/ appellant for commission of the offence under Section 20(B) of the Act.

6. The learned Special Judge, under the Act, framed charges against the accused/appellant under Section 20(b)(II)(B) of the Act. The accused/appellant pleaded innocence to the charges.

7. After completion of recording of evidence of the 11 witnesses, produced by the prosecution, statement under Section 313 Cr.PC of the accused/appellant was recorded. The accused/appellant in his such statement, denied his involvement in the alleged offence.

8. The prosecution examined as many as 11 witnesses. The defense examined none.

9. I have also heard Mr. H. Talukdar, learned counsel appearing for the accused/appellant as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor, appearing for the State of Assam. I have also meticulously scanned the evidence on record.

10. The argument advanced by the learned counsel for the accused/appellant mainly revolves around violation of Sections 42(1), 42(2), 50, 52 and 57 of the Act for which, according to him, the prosecution case fails.

11. On the other hand, learned Additional Public Prosecutor, Assam argues that no interference with the judgment passed by the learned Special Judge (Sessions Judge) is called for, as the judgment is a well-reasoned one, based on evidence on record.

12. The Investigating Officer, examined as PW-10, in his evidence narrated that the Officer-in-Charge of the Rangia Police Station (PW-11) made GD Entry No. 141, dated 06.09.2006, on receipt of the information of possession of some suspected ganja by the accused/appellant at his house, accompanied the Officer In-Charge of Rangia Police Station (PW-11) to the house of the accused, searched his house in presence of PW-1, Smti Anurupa Baruah and some other witnesses, and found the suspected contraband in a polythene bag along with some other articles and seized the same vide Ext. 1. After observing all required legal formalities, collected samples of the contraband, i.e. ganja. Thereafter, the sample, so collected, was sent to the FSL for examination. On receipt of the report of the FSL, the a

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