Dharnidhar Jha,J.- The solitary appellant, namely, Dharmveer Prasad alias Dharmbir Prasad was charged under Sections 20(b)(ii)(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act ( ‘the Act’ for short) by the learned 9th Additional Sessions Judge, Patna, in Special Case No.33 of 2006. By the judgment dated 9.1.2009 the appellant was found guilty of committing the two offences. The appellant was heard under Section 235 of the Code of Criminal Procedure on 17.1.2009 and was directed to suffer rigorous imprisonment for ten years as also to pay a fine of rupees one lac due to being convicted under Section 20(b)(ii)(c) of the Act. In case of default in making payment of fine, the appellant was directed to undergo rigorous imprisonment for further period of one year. Similar sentences were also inflicted upon the appellant on his conviction under Section 25 of the Act. The sentences were directed to run concurrently. The appellant appeals against the above orders of conviction and sentence passed upon him.

2. The prosecution was launched through the complaint petition filed by the Directorate of Revenue Intelligence, Regional Unit, Patna, alleging that upon a specific information regarding the consignment of Ganja being smuggled into India from Nepal by a Tata Sumo vehicle, bearing registration no. UP-21A-9121, an ambush was laid near Kaurihar Chowk in the early morning of 3.7.2006. On seeing the vehicle coming at 6.30 A.M., the Officers who were deputed on ambush signaled the vehicle to stop but the driver attempted to speed it away dangerously. The vehicle was chased by the complainant and his companion Officers and, ultimately, it was intercepted. The driver attempted to run away by jumping from the vehicle but he was also chased and caught and on enquiry revealed his name. On being questioned on ignoring the signal to stop, the appellant is said to have stated that he thought the Officers of the Directorate of Revenue Intelligence as ante-social elements and, as such, wanted to avoid them. There was a speaker attached to the vehicle and that was directed to be removed which led into a sub-cavity created at the rooftop of the vehicle and on further probe, the cavity was found storing 43 bundles of Ganja. The recovered Ganja on being weighed was found weighing 180 K.Gs. Thereafter, the confirmatory test was carried out so as to satisfying as to whether it was a narcotic substance and the result being positive the same was seized along with the vehicle. The appellant was arrested.

3. The details of address of the appellant as also the correctness of the description of the vehicle as regards its registration number and ownership were verified. An Officer was sent to the house of the appellant and it was reported that the address of the appellant was correct as per his father and it was further reported that nothing incriminating was recovered from the house of the appellant. However, on probing the genuineness of the registration of the vehicle, the Regional Transport Officer, Muradabad, submitted a report through the Deputy Commissioner, Central Excise Division, Muradabad that the registration number UP-21A-9121 was not allotted to any Tata Sumo vehicle, rather it had been allotted to a vehicle which was Narmada Scooter, thus, confirming that the vehicle was carrying a fake registration number which was claimed to be purchased by the appellant from a man in Nepal. The report of the Deputy Commissioner, Revenue Intelligence regarding the fabricated registration number was marked Ext.6 in the case.

4. An application for deputation of a Magistrate for certifying the storage of the seized material was made before the Special Judge, Patna on 5.7.2006 and an order was passed on 7.10.2006 and, accordingly, Shri Bharat Tiwary, Judicial Magistrate, Ist Class, Patna, was deputed to go to the godown of the D.R.I., Patna. Shri Tiwari visited the godown and after verification certified the correctness of the inventory prepar