Gopal Prasad, J.

1. The appellant convicted under Sec.20 (b) (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for twelve years and a fine of Rs.1,20,000/- and in default of fine has been ordered to serve a sentence of two years.

2. Prosecution case, as alleged in the self statement of the informant, Chandra Shekhar Gupta, that on 12.10.2002 at 11.00 a. m. the informant along with the Sub Inspector of Police, Constables Shambhu bahadur Singh (not examined), Constable, Havildar Ramdas Sah (not examined), Constable, Anil Kumar Tuddu (not examined), Constable, Munna Kumar (not examined), Constable, Phuleshwar Yadav and the driver, Constable, Nagendra Jha proceeded for night patrolling in law and order duty on the occasion of Durga Puja and when the patrolling party, during patrolling, reached at Baisi whereas on National Highway No.31 at about 03.15 a. m. and got stationed and was walking along the road then one Maruti Van was seen coming from the side of Dagarwa at about 03.30 a. m. When the Maruti Van reached near the patrolling party then one of the Constables lighted the torch towards the van and o