JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. J. Laskar, learned counsel for both the appellant and Mr. R.J. Baruah, learned Addl. P.P. for the State respondent.

2. As the Criminal Appeal No. 30/2022 and Criminal Appeal No. 35/2022 both are directed against the common judgment and order dated 05.01.2022 and as common questions of law are involved in both the appeals and common arguments advanced, and as agreed by the learned Advocates of both sides, it is decided to dispose of both these appeals by this common judgment and order.

3. In Criminal Appeal No. 30/2022, appellant, Sri Mandel Lalthlangama Durpari and in Criminal Appeal No. 35/2022, appellant Sri Lienkhokhai Changsan, have challenged the correctness or otherwise of the judgment and order, dated 05.01.2022, passed by the learned Sessions Judge, Dima Hasao, Haflong in Sessions Special Case No. 66/2018, under sections 22(a)/22(c) of the NDPS Act. It is to be noted here that vide impugned judgment and order, dated 05.01.2022, the learned Sessions Judge, Dima Hasao, Haflong has convicted the appellant under sections 22(a)/22(c) of the NDPS Act, and thereafter, sentenced both of them to suffer rigorous imprisonment for a period of 01 year, under section 22(a) of the NDPS Act, and rigorous imprisonment for 10 years and also to pay a fine of Rs.50,000/- with default stipulation, under section 22(C) of the NDPS Act, and further directed that both the sentence will run concurrently.

4. The background fact, leading to filing of these appeals, is adumbrated herein-below:

“On 16.07.2018, S.I. Ramakanta Nath of Harangajao Police Station was conducting Naka Checking in front of Harangajao Police Station. Then at about 06.10 pm, he, along with police staff, had intercepted one Cruiser vehicle, bearing registration No. AS-11-CC-3660, which was coming from Silchar towards Haflong and then on checking the vehicle they found a bag containing 3 numbers of 100 ml TOSSEX bottles, 7 numbers of 100 ml QREX bottles, 1296 numbers of SPASORID POXIVON Capsules, which were suspected to be drugs items, one air fun and one amplifier from the possession of Mandel Lal Thlangama and Lienkhokhai Changsan. Then on being asked they failed to produce any documents, like prescription of Doctor and Cash Memo etc. Then S.I. Ramakanta Nath reported the matter to Superintendent of Police, Haflong over phone and then Addl. S.P. (HQ) arrived at there and authorised S.I. Nath to conduct search and seizure of suspected Drugs items in front of him and witnesses present there. Thereafter, search and seizure was made in accordance of law and samples were drawn up and sealed and sent for Forensic Science Laboratory, Kahilipara and a General Diary Entry (GDE), being Harangajao P.S. GDE No. 278, dated 16.07.2019, was recorded and the both the accused were arrested and forwarded to the Court. Thereafter, the S.I. had received the report from examination of samples, which indicates that the samples gave positive test for Drugs. On receipt of the report, S.I. Nath had lodged an FIR with the Harangajao P.S. upon which, Harangjao P.S. Case No. 09/2018, under section 22 of NDPS Act has been registered and investigation was carried out. On completion of investigation the I.O. laid charge sheet against both the accused/appellants to stand trial in the Court under section 22(a)/22(C) NDPS Act.

Accordingly, both the accused were produced before the learned Court below. Thereafter, hearing learned Advocates of both sides, the learned Court below had framed charges against both the appellants under sections 22(a)/22(C) NPDS Act, and on being read over the charges to the appellants, they pleaded not guilty. Then the prosecution side has examined as many as six witnesses in support of its case. Two more witnesses were also examined as Court witness on behalf of the Court. Thereafter, the learned Court below had examined the appellants under section 313 Cr.P.C. Thereafter, hearing arguments of learned Advocates of both sides, the learned Court bel