R.N.Sahay, J.

1. Appellant Noor Mohammad has been convicted under Sec. 23 of the Narcotic Drugs and Psychotropic Substances Act. 1985, and has been sentenced to ten years imprisonment and to pay a fine of Rs. One lakh by the learned Sessions Judge. West Champaran in Sessions Trial No. 16/93.

2. The case of the prosecution against the appellant can be - gathered from the report of Bhagirath Rat Inspector Customs (P) Division. Motihari, dated 14-6-1993., The said report is quoted hereunder:

"On receipt of a secret information regarding presence of Shri Noor Mohammad, son of Gafoor Mian of village Barbat Sena, Bettiah Muffasil, West Champaran on 13-6-1993 a team of officers and staff of Customs (Prev.) Motihari rushed to village. Barbat Sena said Shri Noor Mohammad was found sitting near his neighbour home who soon after the sight of Customs staff tried to fled away but due to alertness of the Customs staff he could not escape and apprehended by them sensing the interference and other obstruction by his family members and villagers. They have taken him in Govt. Jeep and drove away from the village immediately. The said Noor Mohammad s/o Gafoor Mian was brought to Customs offic