Chandra Mohan Prasad, J.

1. This appeal is against the judgment dated 19.7.04/20.7.04 of the Special Judge, Madhepura passed in G.R. Case No. 540 of 01 (arising out of Bihariganj PS. Case No. 23/01), whereby the appellant has been convicted under Sec.20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo R.I. for five years and a fine of Rs. 10,000.00 and in default of payment of fine to undergo R.I. for six months.

2. Md. Alim Akhtar, S.I., the then, officer-in-charge, Bihariganj RS. is the informant of the case. The prosecution case is that the informant, comprising patrolling party of S.N. Singh, A.S.I., (RW. 3), constables Laldeo Singh, Rajendra Rai and Sunjay Kumar Singh (respectively RWs. 4, 5 and 6) and Ram Prakash Singh and Jamshed Alam, constables (not examined) was proceeding for conducting a raid on criminals and that when the patrolling party reached in village Permanandpur at about 8 P.M. on 11.7.2005, the appellant was seen coming out from bamboo grove. Seeing the police party he started fleeing away but he was chased and apprehended by the police party and a gunny bag was recovered from his possession and on opening the gunny bag Ga