Heard Mr. M. Biswas, learned counsel appearing for the appellant and Mr. T. K. Mishra, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) preferred against the judgment and order, dated 31.03.2018, passed by the learned Sessions Judge, Kamrup (Metro) at Guwahati in NDPS Case No. 87/2017, whereby the appellant is convicted and sentenced to undergo rigorous imprisonment for 10(ten) years and to pay fine of Rs. 1,00,000/- (Rupees One lakh only), in default to suffer rigorous imprisonment for another 6 (six) months, under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’).

APPELLANT’S CASE:

3. The appellant’s case, precisely, is that one S.I. Biswajit Rabha of Guwahati G.R.P.S., lodged an F.I.R., on 20.06.2017, with the Officer in-Charge of Guwahati G.R.P.S. alleging, that on 20.06.2017 at about 9:30 PM, the train checking party comprised of ASI Shranan Kumar Jha along with GRP and CRPF personnel, in course of checking the Coach No. B/1 of train No. 12526 Dn. Indrani Express, while standing at Guwahati Railway Station platform No. 5, recovered 2 (two) packets of suspected Morphine from a passenger of seat No. 49 kept in a black colour trolley bag packed with yellow colour polythene. The said passenger was detained at the platform No. 5 of Guwahati Railway Station. On receipt of the Authority Letter under Section 41(2) of the N.D.P.S. Act from the Inspector Officer in-Charge, Guwahati G.R.P.S., he visited the place of occurrence and on search in the trolley bag, recovered the aforesaid suspected two Morphine packets. On enquiry, the appellant disclosed his identity and stated to have purchased the said suspected morphine at Dimapur, Nagaland from a woman for Rs. 3,40,000/- only. The appellant further stated that he carried the said suspected morphine to Kolkata for commercial purpose. On weighing, in presence of the witnesses, it was found that each of the 2 (two) packets contained ½ (half) KG of Morphine, total 1(one) KG. The Morphine was seized and samples of the seized substance were drawn at the place of occurrence, in presence of the appellant and witnesses for examination at the Forensic Science Laboratory (for short ‘F.S.L.’). Thereafter, the authorized officer arrested the appellant under Section 43 of the N.D.P.S. Act and handed over him to Guwahati G.R.P.S.

INVESTIGATION, TRIAL AND CONVICTION:

4. Based on the above FIR, Guwahati G.R.P.S. Case No. 105/2017 under Section 21 (C) of the NDPS Act was registered and the Officer-in-Charge, Inspector Pankaj Kalita endorsed the case to WSI Binu Hazarika for completing the investigation. After completion of the investigation, the Investigating Officer submitted the Charge-Sheet against the appellant under Section 21 (C) of the NDPS Act. The learned Special Judge (NDPS Act), Kamrup (M) at Guwahati, upon hearing of both the sides and appreciation of materials on record, having found ground to presume that the appellant committed an offence as charge-sheeted, framed charge accordingly vide order, dated 21.09.2017. The appellant pleaded not guilty. In order to prove the charge, the prosecution examined 7 (seven) witnesses and the learned trial Court examined one Court witness. The appellant cross-examined them at length. After closing the prosecution evidence, the statement of the appellant was recorded under Section 313 Cr.P.C. The appellant pleaded not guilty and declined to examine any witness in defence vide order, dated 03.04.2018. Thereafter, on appreciation of evidence on record, the learned trial Court convicted the appellant and sentenced him as stated above.

GROUNDS OF APPEAL:

5. The appellant, by preferring the instant appeal, has assailed the above judgment and order of conviction, inter-alia, on the grounds that the learned trial Court has erred in law as well as in facts, while passing the imp