Crl.A. 131/2010 BEFORE HON\BLE MR JUSTICE B D AGARWAL This appeal is directed against the judgment and order dated 07.07.2008 passed b y the learned Sessions Judge, Kamrup in Session Case NO.308 ( K) of 2007. By this impugned judgment, the appellant has been convicted under section 20(b)( ii)(B) of the NDPS Act and the appellant has been sentenced to undergo rigorous imprisonment for 5 (five) years and also to pay fine of Rs. 10,000/- in default, the appellant has been further sentenced to undergo rigorous imprisonment for 6 (six) months. Heard Mr. T Deuri, learned counsel for the appellant and Mr. BB Gogoi, learned A ddl.P.P. for the State. Also perused the impugned judgement and the prosecution evidence tendered in the trial court. The gist of the prosecution case is that in the night of the 25.05.2007, a const able of GRPS noticed the appellant moving suspiciously in the platform No.2 with a briefcase in his hand. When the said constable (pw-2) inquired from the appel lant as to what he was carrying in the briefcase, the appellant attempted to fle e away. Thereafter, the appellant was apprehended with the help of people who we re available in the platform. Thereafter, he was handed over to the police stati on. PW-4 who was attached at GRPS at Guwahati Railway Station as an Attached Officer took up the investigation. He seized ganja from the briefcase of the appellant and after obtaining forensic report, chargesheet was submitted. In the cross-examination of the witnesses, no suggestion was given on behalf of the accused that he was not apprehended from the platform nor the briefcase con taining ganja ( 20 kg. approximately) was recovered from his possession. In this way, no defence plea was taken in the trial court. Today during the course of hearing, Mr. T Deuri , learned counsel submitted that on the relevant night, the appellant was waiting for a train to go to his nativ e place in Bihar. However, neither any ticket was found from the possession of t he accused/ appellant nor any evidence was given in this regard. For the foregoing reasons, I do not find any merit in the appeal and consequentl y this appeal stands dismissed. The sentence as awarded by the trial court also does not warrant any interference of this Court.