JUDGMENT :

AJIT BORTHAKUR, J.

1. Heard Mr. M Biswas, learned counsel for the appellant as well as Mr. B.B. Gogoi, learned Addl. P.P. Assam appearing for the State/respondent.

2. This appeal under Section 374 (2) of the Code of Criminal Procedure (Cr.P.C. for short) is preferred against the Judgment and Order, dated 31.08.2019, passed by the learned Special Judge (NDPS Act), Kamrup (M), Guwahati in NDPS Case No. 80 of 2018 under Section 21 (c) of the NDPS Act, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs.1,00,000/- (Rupees One Lakh), in default, to suffer imprisonment for 6 (six) months under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

PROSECUTION STORY:

3. The prosecution story, in brief, is that on 11.06.2018, at around 7.30 a.m. at Guwahati Railway Station, the train checking party of the Government Railway Police Station (GRPS), Guwahati led by one ASI SK Jha, recovered four packets of suspected morphine from the possession of the accused/appellant who was travelling in the Coach No. 1-A, seat No. 48 of the 12423 Down Rajdhani Express Train. On en