JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. M.K. Das, learned counsel for the appellant and also heard Mr. S.C. Keyal, learned Standing Counsel, for the respondent, Narcotic Control Bureau (NCB).

2. In this appeal, under section 372(2) Cr.P.C. read with section 36 of the NDPS Act, the appellant-Smt. Malti Devi, has put to challenge the judgment and order, dated 14.08.2017, passed by the learned Addl. Sessions Judge, No. 1, Kamrup (M) at Guwahati, in NDPS Case No. 16(1)/2015, under Section 21(C) of the NDPS Act. It is to be noted here that vide impugned judgment and order, the learned court below has sentenced the appellant to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,00,000/- in default to suffer simple imprisonment for one year.

3. The factual background, leading to filing of the present appeal, under section 372(2) of the Cr.P.C. read with section 36 of the NDPS Act is briefly stated as under:

“On 14.06.2015, at around 11.00 hours, one Sanjay Singh, Intelligence Officer, NCB, Guwahati Zonal Unit, Guwahati, has received information to the effect that one Smt. Malti Devi is travelling from Dimapur to New Alipurdawar by Intercity Express, with a consignment of Heroin. Then the Intelligence Officer had reduced the said information into writing, and submitted the same to the Zonal Director, NCB Guwahati, namely, Prabin Kumar. Thereafter, a team, comprising of Officers and Staffs of NCB, headed by Ms. Tulika Morang, Superintendent, is constituted vide office Order No. 04/06/NCB/Ghy/OO-ZD/09/Vol-II, dated 14.06.2015, to investigate the same. Thereafter, the said team arrived at Platform No. 7, of Guwahati Railway Station, at about 13.30 hours, where Intercity Express from Dimapur was to arrive. Then the Intelligence Officer had approached two independent witnesses, namely, Smt. Sarita Saikia of Six Mile, Guwahati and one Ramen Deka, Hatigaon, Guwahati and requested them to become witness in the process of search and seizure. Then the Intercity Express arrived at Platform No. 7, at about 13.45 hours from Dimapur and as shown by the informer they have found the suspected woman, sitting in one compartment of the Train. The woman introduced herself as Malati Devi and thereafter, the team requested her to disembark from the Train with the luggage at the Platform No. 7. Thereafter, observing all the formalities, under section 54 of the NDPS Act, Ms. Tulika Morang, a lady member of the train has conducted search of her person and found no contraband substance. But, during the search of the nylon bag, being carried by her, one polythene bag containing brown coloured powdered like substance, suspected to be Heroin was recovered. Then the Intelligence Officer had taken out a small quantity of material from the same and tested with the help of a detection kit, being carried by him, and the sample gave positive report for Heroin. Then on being asked, Malati Devi confessed that it was Heroin and then the team weighed the same in presence of witnesses, and the weight is found to be of 2.6 kg. Thereafter, observing the procedure, under Section 43 of the NDPS Act, and having believed committing an offence under section 8 of the NDPS Act, the Intelligence Officer had seized the same in presence of witnesses preparing Search and Seizure Memo and Panchnama. The Intelligence Officer had also found one Railway Concession Certificate, one Voter I/D Card, one photo copy of voter I/D Card, one Train Ticket, dated 14.06.2015, from Dimapur to Alipurduwar, and a sum of Rs. 2,170/- and seized the same. Thereafter, the Intelligence Officer had drawn up a sample from the same, in presence of witnesses, on the spot and arrested Malati Devi, who stated that she had collected the consignment of 2.6 kg of Heroin from one Md. Hasan, on 13.06.2015, and she was going to deliver the same to one Gopal Dubey @ Panditji of Bihar and a sum of Rs. 5,000/- was paid to her for carrying the consignment Heroin from Dimapur and two months back, she also c