Navin Sinha, J.

1. The present appeal arises out of the judgment and order dated 18.12.2004 passed by the 5th Additional Sessions Judge, Rohtas at Sasaram in N.D.P.S., Sanjhauli P.S. Case No. 20 of 1997.

2. The appellant, who was the sole accused, stands convicted under sec. 20 (b) (i) read with section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act) for a period of ten years along with a fine of Rs. One lac and in default of payment of fine to undergo simple imprisonment for a further period of one year, for recovery of 5 Kgs. of Ganja from him.

3. The fardbeyan of the Officer Incharge Sanjhauli P.S., Syed Ahmed Khan, P.W. 5, was recorded by himself on 27.5.1997 at about 10 : 00 p.m. at the Police Station. It stated that the informant was on routine patrol duty on the Vikramganj-Sasaram Road near Village Beri along with P.W. 3 Surendra Pathak, A.S.I, P.W. 4 Pramod Kumar Singh, Constable, and other police officials carrying out surprise inspection of vehicles travelling on the highway. A jeep bearing number B.R. 17-A-479 approached from Vikramganj side. The vehicle was checked near the Snacks shop of Vishwanath Sah son of Ram Chandar Sah. On the left of the driver sat a young man wiht a blue coloured school bag on his legs. There was smell of Ganja emanating. The bag was checked in the presence of the jeep driver Jwala Prasad Singh (P.W. 2), son of Chandrama Singh and P.W. 1 Dhanji Singh son of Nagina Singh. The owner of the bag disclosed his name as Raju Bharti (appellant) son of Vidya Sagar Bharti resident of Village Sakardih, Bharti tola, District Chapra. Two plastic packets wrapped in threads were recovered from the bag, inside which Ganja was found. One packet weighed 2 Kilos. The other packet weighed 3 Kilos. Raju Bharti stated that he had no licence to sell Ganja and that he was carrying it for sale to Village Baraon, P.S. Nokha to one Gosaiji of Mahapur. The seizure list was prepared in presence of Dhanji Singh (P.W. 1) and Jwala Prasad Singh (P.W. 2), Driver, who signed upon the same. Accused Raju Bharti was given a copy of the seizure list after he had also signed on the same. The appellant Raju Bharti was then charged under sec. 20 (b) (i) read with section 8 (C) of the N.D.P.S. Act. The formal First Information Report has been marked as Ext. 5.

4. One Mukhtar Singh, Sub-Inspector was directed by P.W. 5 to investigate the case. The Police proceeded with the investigation and charge-sheet came to be submitted.

5. The prosecution has examined five witnesses. The defence has examined two witnesses. The signatures on the seizure list of P.Ws. 1 and 2 have been marked as Ext. 1 and 1/1. The Forensic Science Laboratory Report confirming the nature of the material seized as Ganja is Ext. 2. The seizure list is marked as Ext. 4 and the Formal First Information Report is marked as Ext. 5. The charges were framed against the appellant under sections 20 (b) (i) read with 8 (C) of the N.D.P.S. Act on 9.9.1997.

6. The accused Raju Bharti was then put on trial. The Trial Court was satisfied of his guilt for reason of his signature on the seizure list coupled with the absence of any protest by the accused of his signature having been obtained by force when he was first produced on 29.5.1997 before the Court. The Trial Court was further satisfied that the appellant having been faken into custody on 27.5.1997 there was inordinate delay in his production on 29.5.1997 before the Court which was not explained by the Police Officials, but the same was not sufficient ground to disbelieve the prosecution story. The contradictions in the evidence of P.Ws. 3 to 5, though present, were not material. The chemical examiners report confirmed that what was seized from the appellant was Ganja. On basis of the aforesaid reasoning the Trial Court convicted the appellant by the aforesaid judgment dated 18.12.2004 holding him guilty and sentencing him for ten years as aforesaid a