Mridula Mishra and Dharnidhar Jha JJ.

1. The two appellants before us, were tried by the learned Additional Sessions Judge-cum-Special Judge, Kishanganj for the charge under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Sub- stances Act (hereinafter referred to as the NDPS Act) in Special Case No. 15 of 2002 (Trial No. 11 of 2002) arising out of Kishanganj Unit Case no. 35/NDPS/2002 dated 6.8.2002.

2. The learned judge who passed the judgment of conviction against the two appellants on the 17th day of January, 2008 passed sentences upon them on 22.1.2008 and directed each of the appellants to suffer rigorous imprisonment for fifteen years and also to pay a fine of Rupees one lac each and in default, to suffer further simple imprisonment for six months.

3. The case emanated from a petition of complaint which was filed by Shri P.C. Surin, (P.W. 1), who at the relevant time was posted as Inspector, Customs (Preventive), Kishanganj stating that during routine preventive checking on 6.8.2002, the team comprising of the complainant and other persons who are cited as witnesses found a tank lorry bearing registration number WB-03-2686 standing on the road near L.R.P. Chowk, Bahadurganj, Araria. The team went near the vehicle and found three persons sitting inside the lorry and on enquiry, each of them disclosed their identification alongwith their respective names and address. The complainant and his companions also disclosed their identifications alongwith the identification of the Superintendent, Customs and wanted to know about the nature of the goods which could be loaded in the lorry. It was stated by the occupants of the vehicle that it was empty but, as per the complainant, they felt some foul play as an unusual smell was coming out of the tank lorry and as such, asked the occupants to open the cap of the chamber. It was readily complied with and the complainant and others had felt smell of ganja coming out of its chamber and that further compounded the suspicion, on which, the Preventive Officers expressed their desire to check and make a search of the lorry thoroughly and as such gave options to the three occupants as if they so desired, the checking and search may be conducted in presence of a magistrate. But, they declined and, therefore, the tank lorry was brought to the premises of Customs Office, Kishanganj and was checked as such. During that search, it was revealed that a false chamber was attached to the body of the tank lorry. The same was broken and it was found that 25 packets of ganja were kept therein and those were seized and weighed. The total weight of the recovered ganja was 365 K.G. which was valued at Rs.18,25,000. The documents relating to the vehicle, like, the registration certificate, insurance certificate and driving licence, etc. were also seized in presence of the witnesses alongwith the tank lorry and recovered ganja. Thereafter, the complaint petition was filed.

4. It appears that on the basis of the complaint petition, the Special Judge, Purnea took cognizance of the offence and the case went to trial, during which the charges were framed against the two appellants, as stated above.

5. The defence of the appellants was that the case was completely false and they were never carrying the contraband ganja and had falsely been implicated. In fact, it was pleaded by the appellants that the vehicle did not contain in any of its parts any narcotic substance.

6. During trial of the case, eleven witnesses were examined. P.W. 1 Pramod Chandan Surin is the complainant of the case and he has supported his allegations by stating that the preventive team under the leadership of their Superintendent, Shri R.K. Mishra (P.W. 3), were on routine checking and during that course, they found the tank lorry standing on the road, which was to go to Araria. Three occupants were questioned and sensing some foul play, the lorry was checked and, accordingly, 365 K.G. of ganja was recovered which was