1. Heard Mr. U.K. Barman, learned counsel for the appellant/accused. Also heard Mr. S.C. Keyal, learned Asstt. Solicitor General of India, appearing for and on behalf of the Union of India/respondent.

2. The present appeal has been preferred against the judgment and order dated 29.09.2014, passed by the learned Addl. Sessions Judge (FTC), No.3, Kamrup (M) at Guwahati in N.D.P.S. Case No.73/2013, convicting the accused/appellant Suman Das, under Section 21(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short ‘the NDPS Act’) and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/-, in default rigorous imprisonment for another two years.

3. The prosecution case in nutshell is that one Inspector of Anti Smuggling Unit of the Guwahati Custom Division, namely Rideep Hazarika received a specific information to the effect that huge quantity of phensedyl cough syrup would be transported by a 12 wheelers truck bearing Regn. No.NL- 01-K-2827 and proceed to Agartala, in early hours of 21.06.2013, the said information was reduced to writing by the said officer and immediately informed to the superior officer Mr. B.P. Jaishi, Superintendent of Customs, Guwahati Custom Division. Mr. Jaishi instructed him to form a team to proceed towards Khanapara and accordingly a team was formed comprising said Rideep Hazarika, Mr. Ratul Das, Mr. Swapan Kr. Das, Mr. Nabarun Bhattacharjee and Mr. M.I. Singh (all inspectors), which was led by the Superintendent himself and the team proceeded to the Ninth Mile area at Khanapara, Guwahati and laid naka near the CRPF camp. Then at about 5 A.M., the team of officers saw the truck bearing Regn. No.NL-01-K-2827, from Khanapara side towards Jorabat and signaled to stop the vehicle and two persons including the driver were found inside the vehicle i.e. Suman Das (Driver) and Nandalal Deb (Helper). On being intercepted, the driver of the truck informed that the vehicle was loaded with refine oil and produced certain documents in support of the said refine oil in the truck.

4. However, the team of those officers decided to check the vehicle on the basis of the said earlier information and as there was no proper place for keeping such huge amount of goods from the vehicle, the vehicle was brought to the Customs Quarter Complex located at Patthar Quarry, Narengi. After being checked with the help of the driver and his helper and in presence of two independent witnesses, 8400 bottles of phensedyl cough syrup kept in several cartons were recovered, kept beneath the refine oil packets. Apart from 1746 refine oil cartons, there were another 168 cartons of phensedyl cough syrup. The persons who carried those articles i.e. driver and the helper could not accounted for the same and accordingly the articles were seized and the matter was formally informed to the higher authority. Samples of the seized articles was sent to the Govt. Laboratory for chemical examination and the report gave positive test of Codeine Phosphate and accordingly offence report was filed by the Department against the driver and handyman of the said vehicle. The learned Trial Court took cognizance of the offence under Section 21(c)/29 of the NDPS Act, read with Section 8(c) of the NDPS Act and formal charge was framed under the said Sections of law, to which the accused pleaded not guilty.

5. In support of the case, the prosecution examined nine witnesses and the defence examined none. The plea of the defence is of total denial.

6. At the conclusion of the trial, the learned Trial Court held the accused Suman Das guilty under Section 21(c) of the NDPS Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/-, in default rigorous imprisonment for another two years.

7. Assailing the aforesaid judgment, the present appeal has been preferred.

8. The prime contention that has been raised before this Court by Mr. U.K. Barman, learned counsel for t