JUDGMENT :

SURYA KANT, J.

1. The appellant Sk. Sakkar @ Mannan assails the judgment dated 09.12.2009 passed by the High Court at Calcutta whereby his appeal against the judgment and order dated 26.05.2004 and 27.05.2004 passed by Special Judge, Birbhum convicting him for offences under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) and imposing a sentence of five years rigorous imprisonment (RI) and a fine of Rs. 20,000/- (in default, whereof to further undergo RI for one additional year), has been dismissed.

2. The prosecution case in brief is that upon receiving secret information, D.S.P. Headquarter, Birbhum conducted a raid on 16.11.1997 and intercepted an Ambassador car bearing no. BRW-312. Since the car was detained inside a forest area, 3/4 occupants of the car managed to flee, while only 2 of the occupants, including the appellant, were caught and arrested. 11kgs of ganja was seized following the statutory procedure. The suspects were thereafter interrogated, and a formal FIR was registered at Police Station Sadaipur. Charge-sheet was submitted against five persons including the appellant.

3. The appellant and his co-accused, except one Kala