HITESH KR.SARMA, J.

1. This jail appeal has been preferred by the appellants, Sri Swapan Kumar Roy and Sri Dipak Singh, challenging the judgment passed by the learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati, in Sessions (Spl) Case No. 184(K)/2009, convicting both the appellants for offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as “NDPS Act”) and sentencing them to rigorous imprisonment for 12 years each and a fine of Rs. 1,00,000/-each.

2. The case of the prosecution may be briefly stated as follows;

3. Based on specific intelligence output, received on 02.06.2009, regarding a truck bearing Registration No. WB-25B-4251, carrying about 3000 kg of Ganja, a team of officers from the Directorate of Revenue Intelligence (hereinafter DRI) intercepted the truck at Azara, Guwahati, but the truck sped away and evaded the interception. The team of officers chased the said truck and located it near Panbari BSF Camp in the District of Dhubri, Assam, on 03.06.2009. The driver Sri Swapan Kr. Roy and the handyman Sri Dipak Kr. Singh were found alongwith the truck. The driver Sri Swapan Kr. Roy confessed that Manipuri Ganja has been kept concealed in the coal laden truck and that the Ganja belonged to one Baharuddin @ Bahar.

4. Thereafter, the DRI officers brought the loaded truck to Guwahati alongwith the driver Sri Swapan Kr. Roy and the handyman Sri Dipak Kr. Singh. Upon checking of the truck, in presence of the accused persons and two independent witnesses, DRI officials recovered 211 packets of Ganja, weighing 3549 kg, under a load of 23 MT coal. Consequently, the ganja, the coal, the truck and the relevant papers of the truck, were seized, vide Case No. 01/NARC/GANJA/DRI/GAU/2009-10, dated 04.06.2009.

5. Upon completion of the investigation, a formal complaint was lodged against the accused-appellants, Sri Swapan Kr. Roy and Sri Dipak Kr. Singh alongwith three other accused, namely, Baharuddin @ Bahar of Nagaon Assam, Mrs. Provabala and Sri Harekrishna Bala @ Moran Bala, for offences under Section 8(C)/20(b)(ii)/29 of the NDPS Act. Accused Baharuddin @ Bahar of Nagaon Assam, Mrs. Provabala and Sri Harekrishna Bala @ Moran Bala were shown as absconders.

6. On receipt of the complaint, attendance of accused Sri Harekrishna Bala @ Moran Bala was procured on the strength of production warrant to Special Correctional Home, Berhampur, West Bengal. The presence of accused Baharuddin and Provabala could not be secured despite all coercive processes, and hence, the case against these two accused was split up from the others.

7. Copies of relevant papers under Section 208 Cr.PC were furnished and evidence before charge was recorded, and thereafter, charges under Section 8(c)/20(b)(ii)/29 of the NDPS Act were framed against accused (1) Dipak Kr. Singh, (2) Sri Swapan Kr. Roy, and (3) Sri Harekrishna Bala to which they pleaded not guilty and claimed to be tried.

8. In the course of trial, prosecution examined 6 (six) witnesses to substantiate the charges. It appears that trial was again split up in respect of accused Harekrishna Bala @ Moran as his presence could not be secured despite several coercive processes. Therefore, the trial was against the present two accused-appellants. Be that as it may, accused-appellants Sri Dipak Kr. Singh and Swapan Kr. Roy were examined under Section 313 Cr.PC. Their plea appears to be of total denial. They also declined to adduce any evidence in their evidence.

9. Upon hearing the respective learned counsel for both sides, the learned trial court delivered the impugned judgment convicting and sentencing the accused-appellants, as aforesaid.

10. We have perused the records of the learned trial court including the evidence and the impugned judgment. We have also heard Ms. R.D. Mazumdar, learned Amicus Curiae for the accused-appellants and Mr. S.C. Keyal, learned ASGI appearing for the respondent.

11. PW1 Dr. Ga