JUDGMENT :

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

Heard Mr. N.N. Jha, learned counsel appearing on behalf of the appellant. Also heard Mr. B. Sarma, learned Addl. P.P. for the State of Assam.

2. This appeal is directed against the Judgment & Order dated 07.08.2010 passed by the Special Judge, NDPS, Sonitpur, Tezpur, in connection with Special NDPS Case No. 6 of 2008 convicting Shri Kapil Dev Goswami (hereinafter referred to as the appellant) under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) to undergo Rigorous Imprisonment for 3 years and pay a fine of Rs. 25,000/-with default stipulation.

3. A First Information Report (FIR) was lodged by Shri Reba Kanta Bora (hereinafter referred to as the informant), PW-5 stating that on 12.08.2008 at about 1 PM, while Subedar No. 3100363 Shri Chidar Gambu of Assam Rifles, and his jawans were on their way to conduct a search operation, they caught the appellant red-handed on the road, near a railway track of Ward No. 1 of Rangapara town. The appellant was carrying ‘Ganja ’ (cannabis) in three plastic bags, on his bicycle. Following materials were found inside the three plastic bags: