JUDGMENT :

Rumi Kumari Phukan, J.

1. None appears for and on behalf of the appellant to press the appeal. However, being an old pending one and after considering the nature of challenge before the appeal, this Court propose to dispose of the appeal in presence of the learned Additional Public Prosecutor, Assam.

2. It may be mention here that a case was registered by Gauripur PS on 22.07.2009 on the allegation that on receipt of the secret information about forcefully taking away a truck towards Astomirchar in Dhubri, the police proceeded and apprehended a truck No. AS-16/8809 and after checking it was found that the driver of the truck, Moinul Haque was driving the vehicle carrying nine bags of ganja. Gauripur PS Case No. 280/09 under Section 20 of NDPS Act was registered. Police seized the truck as well as the Ganja. The sample of seized ganja were sent to FSL. The said driver faced the trial and denied the charge under Section 20(b) of the NDPS Act.

3. The learned court on examination of the seven witnesses produced by prosecution and in the light of all materials on record came to a finding that as per the allegation in the FIR itself it depicts that some miscreants took away the af