Chandramauli Kr.Prasad and Rekha Kumari JJ.

1. Sole appellant Madho Das was put on trial for the charges u/s. 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act. The 1st Additional Sessions Judge, Sitamarhi, by judgment dated 17.9.2004 and order dated 28.9.2004, held him guilty u/s. 20 (b) (ii) (c) and 23 (c) of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000.00, and in default of payment of fine, to undergo rigorous imprisonment of 3 years under both the counts. Aggrieved by the same, he has preferred this appeal.

2. Prosecution started on the basis of a written report given by P.W. 1 Parmatma Singh before the Officer Incharge of Basbitta Out Post on 19.12.2001. According to the report, on 19.12.2001 at 1 P.M. while informant Parmatma Singh, Head Constable of the Special Service Burueau (hereinafter referred to as Bureau) was on patrolling duty along with other members of the Force at Indo-Nepal Border at Pillar No. 48, he saw a person going towards the territory of Nepal from Indian territory, having a black bag. He