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 Officer In-Charge of GRPS, Guwahati has issued an authorization letter, under Section 41[2] of the NDPS Act to SI Ranjit Kr. Dey and on the basis of the said letter the informant along with the staff rushed to the Platform No. 1 and conducted search of the passenger and recovered seven handful dry leafs packets, suspected to be Ganja in two big white coloured polythene bags. The appellant, when asked, introduced himself as Bhaskar Baruah of Mariani, Jorhat and also he discloses that he purchased the same from a person at Shillong and boarded the train from Guwahati Railway Station to Delhi for business purpose. Thereafter, the informant weighed and found total 5 kgs of Ganja and seized the same in presence of witnesses and drawn sample from the seized Ganja and sent the same for FSL for examination. Thereafter, the appellant was arrested under Section 43 of the NDPS Act and handed over the Officer In-Charge of Guwahati GRPS and thereafter, SI Ranjit Kr. Dey had lodged one FIR. Thereafter, the investigation was carried out and the FSL report was collected, which confirmed that the sample collected from the seized articles gave positive test for Ganja. And accordingly, on completion of investigation, charge sheet was submitted against the appellant to stand trial in the court under Section 20[a] of the NDPS Act. Thereafter, the appellant was produced before the learned court below and after hearing both the parties, the learned court below had framed charge against the appellant under Section 20[b][ii][B] of the NDPS Act and explained the particulars of the charge to the appellant to which he pleaded not guilty and claimed to tried. Thereafter, the prosecution side had examined the witnesses and thereafter, examined the appellant under Section 313 of the Cr.P.C. Thereafter, hearing learned counsel for both the parties, the learned court below has convicted the appellant and sentenced him as aforesaid."

5. Being highly aggrieved, the appellant has approached this Court, by filing the present application on the grounds mentioned as under:-

[i] That, the seized articles were not seized from the possession of the appellant;

[ii] That, while conducting search, the informant did not comply with the provision of Section 50 and 100 of the NDPS Act;

[iii] That, the informant has not comply with the provision of Section 52[a] of the NDPS Act;

[iv] That, the informant is not the eye witness and before his arrival the sample was taken;

[v] That, all the prosecution witnesses are the official witnesses and there is no any independent witness, which is contrary to the provision of Section 100[4] of the NDPS Act.

6. Mr. Murry, learned counsel for the appellant, during the argument, had reiterated the grounds mentioned herein above and further submits that the Investigating Of