Point of Law: In view of the consistent and convincing evidence of the prosecution witnesses available on record, it can legally be presumed under Section 54 of the NDPS Act that the appellant consciously possessed the aforementioned seized huge quantity of contraband, for the possession of which, he failed to account satisfactorily.

JUDGMENT :

Heard Ms. S.K. Nargis, learned counsel for the appellant as well as Mr. S.C. Keyal, learned Standing Counsel, DRI.

2. This appeal under Section 374 (2) of the Code of Criminal Procedure (‘Cr.P.C.’ for short) is preferred against the impugned Judgment and Order, dated 19.05.2017, passed by the learned Special Judge (NDPS Act)-cum-Addl. Sessions Judge, FTC No. 3, Kamrup (M) at Guwahati in NDPS Case No. 11/2015, whereby the accused 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 rigorous imprisonment for 1 (one) year under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘N.D.P.S. Act’ for short).

3. The prosecution story, in brief, is that on 20.08.2014, acting on specific information, the officers of Directorate of Revenue Intelligence, (‘D.R.I.’ for short), Guwahati searched a truck bearing registration No. NL-02-K-4844 at Jalukbari area, Guwahati at about 20:00 hours which was parked on the roadside of NH-37. The DRI officials found the present accused/appellant sitting inside the truck and he introduced himself as the handyman of the aforesaid truck. On demand, the accused/appellant showed them challan of mangoes and denied of carrying any contraband. But, as the information was specific, the DRI officials brought the truck to Brahmaputra Apartment along with the accused/ appellant and after conducting search in the vehicle in presence of independent witnesses and the appellant, they recovered 30,700 pet bottles of Phensedyl Cough Linctus of 100 ml. each contained in 307 number of paper cartons along with 63 number of wooden boxes containing 20 kgs. of mangoes each. The accused/appellant could not produce any valid document in support of carrying the Phensedyl Cough Linctus valued at Rs.29,46,350/-. Accordingly, the DRI officials seized the recovered Phensedyl Cough Linctus, mangoes, the truck, documents of the vehicle and one mobile handset from the accused/ appellant. During investigation, it was revealed that one Mintu Mia was the owner of the truck and one Swapan Debnath was the driver, whom the DRI officials could not apprehend although attempts were made.

4. After seizing the aforesaid contraband as per provisions of the NDPS Act, the seizing officer collected samples, prepared inventory, sent the samples of seized suspected contraband to FSL, Assam for chemical examination, arrested the accused/ appellant and produced him before the Court. As the sample gave positive test for Codeine, the investigating officer filed a formal complaint against the arrested accused/ appellant showing two other accused persons as absconders under Sections 8(c)/21/29 of the NDPS Act. Thereafter, the Court of learned Special Judge (NDPS Act), Kamrup (M), Guwahati issued Court processes against the absconding accused persons. Vide order, dated 09.06.2016, the learned Court below split up the case as the accused/appellant was in judicial custody and the case was transferred to the Court of learned Addl. Sessions Judge, FTC No. 3, Kamrup (M) at Guwahati for disposal. The charge was framed against the accused/appellant. The charge so framed was read over and explained to the accused /appellant, to which he pleaded not guilty and claimed to be tried.

5. In order to bring home the charge levelled against the accused/appellant, the prosecution examined altogether 06 (six) witnesses. After closing the evidence of the prosecution side, the statement of the accused/appellant under Section 313 Cr.P.C. was recorded. The accused/appellant pleaded innocence and examined himself in defence. After completion of trial, the learned Special Judge (NDPS Act) –cum-Addl. Sessions Judge, FTC No. 3, Kamrup (M) convicted and sentenced the accused/ appellant under Section 21(c) of the NDPS Act as stated above.

6. Ms. SK Nargis, learned counsel for the appellant, submitted that the learned trial court while convicting