Gopal Prasad, J.

1. The appellants have been convicted under Section 20(b)(ii)(C) of the NDPS Act and have been sentenced to undergo rigorous imprisonment for 14 years and to pay fine of Rs. 1,50,000/- each and in default of payment of fine, they have been directed to serve the sentence of 2 years.

2. The prosecution story as alleged in the complaint filed by the complainant Shambhu Nath Sahay alleging therein is that in course of routine checking by the Preventive Officer of Custom near Khagra Railway Gumti, Kishanganj a truck was seen coming from the side of Siliguri, signal Was given to stop and the said truck bearing registration no. WB-25/2051 stopped and thereafter the Preventive Officer started checking the truck in presence of the khalasi and driver and since the truck was found to be empty and polythene Tarpaulin was seen tightly tied on its hood, it created suspicion and even the smell of Ganja was coming out of the truck and hence the occupant of the truck were offered the choice for the search of the truck in the presence of Magistrate or Gazetted Officer. Thereafter the truck with the driver and khalasi was brought in the premises of Custom Office the officer