C.M.Prasad, J.

1. This appeal is against the Judgment dated 25.11.2002 of the 4th Additional Sessions Judge. Motihari. passed in Excise Case No. 38/98/04/02 whereby the appellant has been convicted under Sec.23 of the NDPS Act and sentenced to R.I. for ten years and a fine of Rs.1,00,000.00 and in default of payment of fine to undergo R.I. for one year.

2. The prosecution commenced with the complaint (Ext.6) filed by Prakash Sahay, Inspector. Customs Department, posted at Land Custom Station, Raxaul. It was alleged in the complaint that a secret information was received by the officials of the department about movement of Charas from Nepal to India and acting on this information he (complainant) along with personnels of the department was on strict survelience at Bus Stand, Koiria Tola, Raxaul. In course of that a person was found moving in suspicious manner in Koiria Tola, Bus Stand. The person was enquired about his identity whereupon he became nervous and started giving evasive reply. The person was asked to accompany them to the Customs office and that while proceeding on the way to the office that person confessed that he was carrying Charas with him. That person (who