JUDGMENT :

(M. Thakuria, J.)

Heard Mr. A. Bhattacharya, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent.

2. This is an appeal under Section 374 of the Code of Criminal Procedure against the impugned judgment and order dated 26.11.2020, passed by the learned Special Judge Cum District and Sessions Judge, Udalguri, in Special (NDPS) Case No. 20 of 2015, arising out of Mazbat P.S. Case No. 20/2015, under Sections 20(b)(ii)(C)/27(A) of the NDPS Act, whereby, the present accused/appellant was convicted under Section 20(b)(ii) (C) of the NDPS Act, along with the co-accused, namely, Rinush Basumatary, and thereby sentenced to undergo R.I. for 15 years along with a fine of Rs. 1,00,000/-in default to undergo S.I. for another 6 (six) months.

3. The brief fact of the case is that on 01.04.2015, a team of Narcotics Control Bureau (NCB), Guwahati Zonal Unit, arrived at Mazbat Police Station and shared a written information that one Pradip Jha of Mazbat was involved in trafficking of Ganja and huge quantity of Ganja was presently stocked at a Godown at Panbari. On the basis of the said information, at about 9.00 p.m., a joint search operation was conducted by the NCB and Udalguri Police at the suspected Godown at Panbari in the house of one Samiran Basumatary on being led by Shri Pradip Jha in presence of SDPO Bhergaon. During the search, 30 packets of suspected Ganja weighing approx. 660 Kgs was recovered from the said house and out of which, 24 packets were of 20 Kgs and 6 packets were of 30 Kgs. The recovered suspected Ganjas were accordingly seized at the place of occurrence on being authorized by SDPO Bhergaon. The sample packets were also prepared at the place of occurrence in presence of witnesses. The accused persons, namely, Pradip Jha and Rinush Basumatary, were examined at the place of occurrence and were accordingly arrested. As per the statement of Rinush Basumatary, said Pradip Jha was involved in financing of trafficking Ganja. And, accordingly the F.I.R. was lodged.

4. Initially, the investigation was conducted by P.W.-12, who was the Officer-In-Charge of Lalpani OP under Mazbat P.S. But, subsequently, the investigation was conducted by P.W.-11 and after completion of investigation, the Charge-Sheet was submitted under Sections 20(b)(ii)(C)/27(A) of the NDPS Act.

5. The learned Trial Court initially framed charge under Section 20 (B) of the NDPS Act, but at the stage of judgment, it found the charge framed to be defective and on 14.06.2016, the charge was altered and charges were framed under Sections 20(b)(ii)(C) of the NDPS Act against the accused persons and in addition, the present appellant was also charged under Section 27(A) of the NDPS Act.

6. During the course of trial, the prosecution examined as many as 12 prosecution witnesses and the defence did not adduce any evidence. However, they took the plea of denial while recording their statement under Section 313 Cr.P.C. After completion of the trial, the learned Trial Court convicted the accused/appellant, along with the co-accused, vide judgment and order dated 26.11.2020, and sentenced them to undergo R.I. for 15 years along with a fine of Rs. 1,00,000/-for the offence under Section 20(b)(ii)(C) of the NDPS Act and in default of payment of fine S.I. for another 6 months. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Special Judge Cum District and Sessions Judge, Udalguri, the present appeal has been preferred by the present appellant.

7. Mr. A. Bhattacharya, learned counsel for the appellant, submitted that 660 Kgs of Ganjas were allegedly recovered from an empty water tank, which was behind the house occupied by the co-accused, Rinush Basumatary, and the land belonged to the father of said Rinush Basumatary, i.e. one Samiran Basumatary, and the present appellant had been convicted only on the ground that he led the police and NCB party to the emp