JUDGMENT :

Heard Mr. M. Biswas, learned counsel appearing for the appellant. Also heard Mr. S.C. Keyal, learned Standing Counsel, NCB, representing the respondents.

2. This is an appeal under Section 374 of the Code of Criminal Procedure against the judgment and order dated 27.02.2023 passed by the learned Addl. Sessions Judge (FTC) No.3, Kamrup (M), Guwahati in NDPS Case No.75/2018.

PROSECUTION CASE

3. On 06.02.2018 at about 1700 hrs., the respondents NCB, Guwahati received an information that two persons, namely-Biplab Baidya and Swapan Das were travelling from Tripura to Guwahati in a Truck bearing Registration No. NL-01L-4832 with a consignment of ganja and will reach Khanapara Flyover area at Guwahati at about 2130 hrs. on that day. Mr. Kuldeep Tomar, the Intelligence Officer, NCB, Guwahati reduced the information into writing and submitted the same to Mr. Rakesh Chandra Shukla, the Zonal Director of NCB, Guwahati.

4. Pursuant to an order of the said Zonal Director, a team of intelligence officers, namely-Mr. Aram Anth (team leader), Mr. Kuldeep Tomar, Mr. Karamveer Singh, Mr. Atul Giri, Mr. Vipin Kumar, Sandeep Kumar, Jugal Ch. Das, S.C. Jena and Mr. Rajesh Thapa was constituted. Mr. Kuldeep Tomar was authorized to search, seize and arrest in case of recovery of narcotic drugs/psychotropic/controlled substances.

5. Accordingly, the team reached the Khanapara Flyover area on the National Highway No.37 and requested two persons namely-Arup Das and Gulam Uddin who were present there to be witnesses of an impending search and seizure. They agreed.

6. On 2135 hrs., the truck bearing Registration No. NL-01L-4832, reached the spot and the aforesaid team stopped the vehicle. Two persons namely-the appellant Biplab Baidya and another named Swapan Das got down from the Truck. On a thorough search by the team of NCB officials, 44 numbers of brown colour packets were recovered. After cutting the corner side of each of those packets, the NCB officials found some substances suspected to be ganja. They used a drug detection kit and the test gave positive results for ganja. The total weight of those 44 packets was 447.170 kilograms. The packets were marked as P1 to P44. The ignition key of the truck was seized under Section 43 of the NDPS Act.

7. From the 44 packets, 25 grams each in duplicate were drawn, which were marked as S1 and D1 to S44 and D44.

8. All the 44 packets suspected to contain ganja were packed by wrapping with markin cloths and sealed with NCB brass seal No.03, labelled properly with signatures of independent witnesses and the owners of the said suspected ganja and the signatures of the seizing officers.

9. By 2343 hrs. on 06.02.2018, the search and seizure procedure was complete. The team along with Biplab Baidya and Swapan Das reached NCB office at around 0230 hrs. on 07.02.2018. On reaching the office, the seized goods were deposited in the NCB godown.

10. The statements of Biplab Baidya and Swapan Das were recorded. Both of them confessed their guilt. Therefore, both of them were arrested. They were medically examined at MMC Hospital. Thereafter, on the same day both of them along with the seized articles were produced before the Sessions Judge, Kamrup (M), Guwahati. Thereafter, both Biplab Baidya and Swapan Das were sent to judicial custody and the samples marked as S1 to S44, were sent to the FSL for examination.

11. On 08.02.2018, the case was handed over to the Investigating Officer Mr. Karamveer Singh.

12. Thereafter, the NCB received the chemical examination report No.1199/2018/204/DN-46/2018 dated 12.02.2018, which gave positive result for cannabis (ganja).

13. On completion of investigation, the Investigating Officer filed the complaint against Biplab Baidya and Swapan Das under Sections 20(b)(ii)(C) & 29 of the NDPS Act. On the basis of the said complaint, the NDPS Case No.75/2018 was registered.

14. Apart from Biplab Baidya and Swapan Das, the complaint was made against another person named Ramu Ghosh. This person could