ORDER

This appeal is directed against the conviction and sentence recorded by the learned Single Judge of the Patna High Court arising out of a case under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ). The appellant, Abdul Rashid was found to be in company with the co-accused, Mohd. Islam from whose possession the offending article was recovered but the conviction of the appellant is based upon the alleged confessional statement made by him to the Superintendent of Excise under the provisions of Bihar and Orissa Excise Act as well as the statement of the co-accused stating therein that he was merely a carrier and the offending article belonged to the present appellant. Before the High Court, the learned Public Prosecutor fairly stated that the statement of the appellant made to the Superintendent of Excise would not be admissible in view of the majority judgment of this Court in Raja Ram Jaiswal v. State of Bihar1. But all the same, the High Court was of the opinion that since the investigating officer had the prior information of the fact that the accused persons are coming with the offending article and since the offe