RUMI KUMARI PHUKAN, J.

1. Heard Mr. HRA Choudhury, learned senior counsel appearing for and on behalf of the appellant as well as Mr. S.C. Keyal, learned counsel representing the Narcotics Control Bureau (NCB).

2. This appeal is directed against the judgment and order dated 26.09.2013, passed by the learned Addl. Sessions Judge (FTC) No.3, Kamrup at Guwahati, in Sessions Special Case No.52 (K)/2012, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act), sentencing the accused/appellant to undergo rigorous imprisonment for 12 (twelve) years and also to pay a fine of Rs. 1,00,000/- (Rupees One Lakh). In default of payment of the said fine, the accused shall undergo further rigorous imprisonment for two years.

3. The case of the complainant Union of Indian in brief is that, on specific intelligence input which was reduced into writing and intimated to the immediate superior officer Mohd. Nawab, Superintendent and after obtaining necessary permission from the superior, on 19.08.2011, at about 7 P.M., a group of officers and staff led by the Superintendent of the Guwahati Zonal Unit of NCB reached in front of Godown-4, Western Carriers, Lokhra Chariali, Jail Road, Guwahati-34 and found a standing truck bearing Regn. No.WB-25 B-3950. On asking about the owner of the truck, a person named Md. Kadar Ali (the accused) came forward and told that the said truck belongs to him. Thereafter the officers of the NCB disclosed their identity and showed him the authority of search given to them by their superior and asked the accused to extend cooperation in their proposed search. Before beginning search they called two independent witnesses namely, Sri Shivram Prasad Mishra and Shri Ramesh Singh from amongst the onlookers and thereafter they began their search in the truck bearing Regn. No.WB-25 B-3950. On search they found one gunny bag concealed below the long seat behind the driver's seat. The gunny bag was taken out and opened in presence of the accused and the two independent witnesses, wherein they found two packages containing flowering tops of cannabis plant believed to be Ganja which were wrapped in newspapers and further wrapped in transparent polythene and tied with plastic string. The gunny bag weighed 42.6 kg (gross) which was ascertained by way of a weighing machine carried by the team. Some part of the flowering plant so recovered was tested on the spot with the Narcotic Drug Detection Kit and gave positive result for Ganja.

4. One sample of 25 gms. in duplicate was drawn from the homogenous mixture from the two packets and sealed with the NCB Seal No.1, duly labeled and signed by the accused, the two independent witnesses and the seizing officer in accordance with the relevant Rules. This entire exercise was done at the place of recovery in presence of the accused, two independent witnesses and the seizing officer. The gunny bag was also similarly packed and sealed with the NCB Seal No.1 and put signatures by the afore-named persons including the accused. One dual SIM and dual battery of mobile phone of accused were also seized and kept in sealed envelope. The truck was also seized along with relevant papers and a proper search-cum-seizure list was prepared in front of the Godown4, Western Carriers, Lokhra Chariali, Jail Road, Guwahati-34. An inventory of the seized articles/goods was also prepared on the spot in accordance with law.

5. Thereafter, the complainant served the accused a notice under Section 67 of the NDPS Act, asking him to appear at the Basistha Police Station, Guwahati at 10 P.M., on the same day i.e. 19.08.2011 for recording his statement. It is the case of the complainant that as the accused did not know the location of the said Police Station, he accompanied the NCB officials. The Intelligence Officer (who is also the seizing officer) recorded the statement of the accused at the said Police Station, which according to the complainant is voluntary