C.K.PRASAD and A.AHMAD JJ.

1. This appellant besides Beerendra Ansari and Nabi Rasool Dewan were put on trial for commission of offence under Sections 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as NDPS Act. 1st Additional Sessions Judge, Vaishali at Hajipur, by judgment dated 27th of October, 2005 and order dated 28.10.2005 passed in C-II (A)- 1/2003, held them guilty. Appellant was sentenced to undergo rigorous imprisonment for 12 years each under Sections 20 and 23 of the of NDPS Act and a fine of Rs. 1 lac each, and in default, to suffer rigorous imprisonment for two years each. However, two convicts, namely, Beerendra Ansari and Nabi Rasool Dewan were sentenced to undergo rigorous imprisonment for 15 years each on both the counts and also a fine of Rs. 1,50,000/- each and in default, to suffer rigorous imprisonment of three years each.

2. According to the complaint filed by Triloki Nath Prasad, Custom Inspector (P.W.5), on 1.3.2003 at about 13 hours, three persons, who disclosed their names as Yogendra Singh (appellant) and two other convicts, namely, Beerendra Ansari alias Suresh Ansari and Nabi Rasool Dewan were intercepted at Jadua (Hajipur) during drive against smuggling of foreign goods. They were searched in the presence of the Superintendent of Custom and two independent witnesses and from their possession, 14 packets of Charas tucked and tied on their bodies beneath their worn clothes were recovered. Thereafter, all of them brought to the Custom Office at Hajipur, where two packets of Charas were recovered from the possession of appellant Yogendra Singh and 6 packets each were recovered from the other two convicts in presence of the witnesses. According to the allegation, each packet contained 500 gms of Charas in moist condition total weighing 7 kgs. Four representative samples were taken from each of the packets and two of the samples were sent for chemical examination to Govt. Opium and Alkaloid Works, Ghazipur (U.P.) and Neemuch (M.P). According to the analyst samples contained Charas within the meaning of NDPS Act. The aforesaid complaint, led to the prosecution of the appellant and the aforesaid two convicts for offence under Sections 20 and 23 of the NDPS Act. After the charges were explained, the appellant and the two other convicts pleaded not guilty and claimed to be tried.

3. To bring home the charge, the prosecution, examined altogether eight witnesses and exhibited various documents. No defence witness has been examined in this case.

4. P.W.1 Chandra Shekhar Mishra happens to be a Constable in the Excise Department and according to him, he was a member of the checking party which consisted of 15 persons. According to him, while checking party was at Village Jadua near Mahatma Gandhi Setu, three persons got down from a bus and started fleeing away, but on chase, they were apprehended and on search of their person in presence of the two witnesses, 7 kgs. of Charas was recovered and for that, a seizure list was prepared, which contained the signatures of the appellant and two other convicts besides two independent witnesses.

5. P.W.2 Vinay Kumar Sinha is another Constable, who in his deposition, stated about the constitution of the raiding party consisting of P.W.5 Vinodanand Kumar, Custom Superintendent, P.W.8 Navin Chandra, Custom Superintendent, P.W.6 Triloki Nath Prasad Custom Inspector besides other persons. According to him, during checking of the buses at Jadua, three persons tried to flee away and when apprehended, disclosed their names to be appellant and the two convicts. On their search, 7 kgs. of Charas was recovered.

6. P.W.3 Shyam Bihari is another member of the checking party, who happens to be the Constable in the same department. According to him, the appellant and the other two convicts were apprehended on suspicion and brought before the Superintendent of Custom. According to him, on enquiry by the Superintendent of Custom, they said