S.N.Jha, J.

1. Two appellants have been convicted under Section 20 of the Narcotic Drugs and Psychotropic Sub-stances. Act, 1985 (in short, the NDPS Act) and sentenced to rigorous imprison-ment for 15 years and, further, fine of Rs. one lac or, in default, rigorous imprisonment for two years by the Third Additional Sessions Judge, West Champaran, Bettiah in Trial No. 15/99 arising out of Sugauli Rail P.S. Case No. 18/99.

2. The prosecution was set in motion on the fardbeyan of Sikandar Prasad, a constable of Sugauli G.R. Police Station on 9.8.99 at 2.30 A.M. recorded by S.I. Deepak Lal, Officer-in-charge, Motihari G.R. Police Station. Sikandar Prasad stated that in the night of 8/9.8.99 while he along with constable Barnwas Aihd was on platform duty of Sugauli Railway Station, he learnt through confidential information that smuggled goods were being carried in the third bogie from engine of train no. 530 down which was about,to arrive. After the train arrived both of them entered the bogie and started search. When he reached near the group of 4-5 suspects the train started moving. They made enquiry about the attache cases from the aforesaid persons who entered into altercation and started assaulting them causing grievous injuries. In the meantime the train reached Semra station. On hearing their shout the Escort Party reached there and tried to rescue them, but the suspects bolted the door from inside. Meanwhile, the train ieft Semra Station. When it reached Motihari Station the Escort Party again came there and succeeded in getting the door opened with the help of follow passengers. As soon as the members of Escort Party entered the compartment, 2-3 suspects escaped through the opposite side of the platform while the appellants were apprehended. They were produped before the Officer-in-charge of Motihari G.R.P.S. alongwith the attaches. Two kgs. of charas like substance in two packets wrapped in polythene were found besides five pieces of soap and one foreign made ladys umbrella from the attache of appellant no. 1. Similar recovery of two packets of charas like substance was made from the attache of appellant no. 2.

3. The Officer-in-Charge, Motihari G.R. Police Station recorded the fardbeyan of Sikandar Prasad and prepared the seizure memo. He sent information to Sugauli G.R.P.S. On receipt of information S.I. Surendra Kumar Brahmachari of Sugauli G.R.RS.carrie and took charge of the appellants and seized articles. On the basis of the said fardbeyan of Sikandar Prasad he instituted Sugauli G.R.RS. case No. 18/ 99 against the appellants under Sections 20 and 21 of the NDPS Act and Section 307 etc. of the Penal Code. After recording the statements of the witnesses, getting the sample of seized articles examined by the Forensic laboratory and completing other formalities, he submitted chargesheet against the appellants and they were thus put on trial.

4. At the trial the prosecution examined 14 witnesses to prove its case. The array of the witnesses includes 5 members of the escort party as P.Ws. 3, 4, 5, 8 and 13 and officers and constables of Motihari G.R.P.S. and Sugauli G.R.P.S. as P.Ws. 6, 7, 9, 10, 11, and 12. The Assistant Director, Regional Forensic Laboratory, Muzaffarpur was examined as P.W. 14 to prove the report of the forensic test. The witnesses on the seizure were examined as PWs. 1 and 2. The appelants did not examine any witness in defence. They simply denied the prosecution case. At the end of the trial the trial court convicted the appellants for offences under Section20 of the NDPS Act while acquitting them of the charge under Section 23 of the NDPS Act and Sections 307 and 353 of the Penal Code.

5. Shri Rana Pratap. Singh, learned counsel for the appellants submitted that the procedural safeguards provided under the NDPS Act were not observed vitiating the entire trial and conviction of the appellants. He firstly submitted that the search was not in accordance with the provisions of Section 50 of th