JUDGMENT :

Heard Mr. N.K. Murry, learned counsel for the appellant and Mr. K.K. Parasar, learned Addl. P.P. for the State respondent.

2. This appeal, under Section 374[2] of the Cr.P.C. is preferred by the appellant against the judgment and order dated 12.05.2023, passed by the learned Special Judge, Kamrup [M] at Guwahati, in NDPS Case No. 100/2019.

3. It is to be noted here that vide judgment and order dated 12.05.2023, the learned court below has convicted the appellant, Sri Bhaskar Baruah, under Section 20[b][ii][B] of the NDPS Act and sentenced him to suffer rigorous imprisonment for 4 years with fine of Rs.50,000/- with default stipulation.

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

"On 15.09.2019, ASI S.K. Dube along with GRP and CRPS personnel checked Train No. 12423 DN Rajdhani Express, which were being parked at plat form No. 1 and at about 7 am they have recovered two big white coloured polythene carry bags inside a dark green coloured VIP trolley bag from a passenger, under Seat No. 43. Then the informant had taken the passenger to Platform No. 1 and reported the matter to the Officer In-Charge of GRPS. Accordingly, the Of