JUDGMENT :

Heard Mr. Y.S. Mannan, learned counsel appearing on behalf of Mr. T. Thakuria, learned counsel for the appellant. Also heard Ms. P. Das, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, Customs Department.

2. This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed for setting aside and quashing the impugned judgment and order, dated 02.03.2017, passed by the learned Special Judge (NDPS Act) cum Sessions Judge, Cachar, Silchar in NDPS Case No. 11/2014 convicting the accused appellant u/s 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and sentencing him to undergo R.I. for 10 (Ten) years along with fine of Rs.1,00,000/-(Rupees One Lakh) and in default, to undergo R.I. for a period of 2 (two) years.

PROSECUTION CASE & INVESTIGATON :

3. The prosecution case was instituted by way of a complaint lodged by the Customs Department u/s 36A against the accused appellant. It is alleged that the complainant, the then Inspector of Customs while posted in the H.Q. Customs Preventive Unit, Office of the Commissioner, North Eastern Region Shillong having jurisdiction ove