2. The instant appeal is directed against the judgment dated 30.11.2012 and the order dated 6.12.2012 passed in Special Case No. 2 of 1993 corresponding to Trial No. 17 of 2008 by the learned 1st Additional Sessions Judge-cum-Special Judge, Araria whereby the sole appellant after being held guilty for the offence punishable under Section 20 of the N.D.P.S. Act (hereinafter referred to as ‘the Act’) has been sentenced to undergo R. I. for ten years and to pay a fine of Rs.1, 00,000/-. In default of payment of fine, the appellant has been directed to further undergo R.I. for one year.

3. On 10.1.1993 the appellant was apprehended by the Inspector Customs, Forbesganj. He was produced in the court of the learned Chief Judicial Magistrate, Araria on 11.01.1993. The learned Chief Judicial Magistrate remanded him to judicial custody.

4. The prosecution case, in brief, is that on 10.1.1993 in course of preventive checking by the customs officials, the vehicles on Araria Forbesganj Road were being checked and when they checked the bus bearing registration no. BR-10H-0447, they noticed that one person was sitting in the bus with a ‘Jhola’. When the co