JUDGMENT :

M. Choudhury, J.

The instant criminal appeal from Jail under Section 383, Code of Criminal Procedure, 1973 [‘the CrPC’ or ‘the Code’, for short] is preferred to assail a Judgment and Order dated 16.12.2019 passed by the Court of learned Special Judge, Nalbari in NDPS Case no. 11 of 2018, which arose out of Tihu Police Station Case no. 78/2018. By the Judgment and Order dated 16.12.2019, both the two charge-sheeted accused persons including the accused-appellant – Pinak Sankar Basu, have been convicted for the offence punishable under Section 20[b][ii][C] of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985. On being found guilty, both the accused persons including the accused-appellant, have been sentenced to undergo rigorous imprisonment for 12 [twelve] years each and to pay a fine of Rs. 1,50,000/-each, in default of payment of fine, to undergo rigorous imprisonment for a further period of 1 ½ [one and half] years each.

2. The investigation was set into motion on institution of a First Information Report [FIR] before the Officer In-Charge, Tihu Police Station by an Assistant Sub-Inspector of Police [ASI], Bichitra Kalita [P.W.2] as an informant on 21.05.2018