Judgment

S.N. Jha, J.— The sole appellant of this appeal has been convicted under Section 20 of the Narcotic Drugs and Psycho­tropic Substances Act, 1985 (NDPS Act) and sentenced to rigorous imprisonment for 15 years and fine of Rs. one lac; in default of payment whereof, further rigorous im­prisonment for five years.

2. Briefly stated, the case of the pro­secution is that on 3.6.1999 at about 6.30 p.m. in course of routine check of passen­gers of Narkatiaganj-Darbhanga Passenger train at Sitamarhi Railway Station the Cus­tom officials led by R.N. Prasad, Inspector of Custom, Sitamarhi noticed the frightened posture of a passenger, the appellant herein. His body search revealed that some article in wrapper was tied around his waist.

Two independent witnesses, namely, Indrajeet Kumar and Jyotindra Jha were called. All of them went to the customs office where in presence of the Superinten­dent of Customs and said Indraieet Kumar and Jyotindra Jha, amongst others, the suspect was formally searched, On search, besides one railway ticket from Sikta Rail­way Station to Laheriasarai Railway Station and cash of Rs. 15, three packets wrapped in polythene bag kept in markin cloth stitched l