MANIRUT JAMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N.B. Choudhury, learned counsel for the appellant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, Md. Manirut Jaman @ Moni, impugning the judgment dtd. 27/7/2023 and order dtd. 2/8/2023, passed by the learned Sessions Judgecum-Special Judge, Morigaon, Assam, in NDPS Case No. 71/2021, whereby the appellant was convicted under Sec. 21(c) of the NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for 10(ten) years and to pay a fine of Rs.1,00,000.00 (Rupees One Lakh only) and in default of payment of fine to undergo further imprisonment for 1(one) year.

(3.) The facts relevant for consideration of the instant criminal appeal, in brief, are as follows: