JUDGMENT :

1. Heard Mr.R.J. Das, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, the learned Additional Public Prosecutor representing the State of Assam.

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the Judgment and Order dated 04.10.2021 passed by the learned Sessions Judge, Golaghat in connection with Spl. (N.D.P.S) Case No. 08/2019, convicting Sri Debojit Gogoi (herein after referred to as the accused) under Section 20(b) (ii) (C) of the Narcotics and Psychotropic Substances, Act, 1985 (NDPS Act for short) and sentencing him to undergo rigorous imprisonment for 10(ten) years and a fine of Rs. 1,00,000/-with default stipulation.

3. The genesis of the case was that on 01.04.2019 at about 8.45 A.M., on the basis of a tip off and on the approval of the Superintendent of Police, (SP for short), Golaghat, Sri Narendra Nath Barik, TSI of Golaghat P.S. (hereinafter the informant) conducted a search of a vehicle bearing registration No. AS-01-AU-8094, a Bolero, at the premises of the rented house of the accused at Jyotinagar and recovered 92 Kgs of suspected ‘cannabis’ from the secret chamber of the