HEMANT KUMAR SRIVASTAVA, J.:–Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

2. This criminal appeal has been filed on behalf of the sole appellant against the judgment of conviction and order of sentence dated 06.02.2001 passed by 3rd Additional Sessions Judge, Buxar in N.D. Case No. 10 of 1993 by which and whereunder he having found the appellant guilty for the offences punishable under Sections 20 (b) (ii) of N.D.P.S. Act, 1985 convicted him under the above said section and sentenced him to undergo rigorous imprisonment for ten years and a fine of rupees one lac was also slapped upon him.

3. In brief, the prosecution case, is that P.W.1, Rajbansh Singh prepared a written report on 30.07.1993 to this effect that to investigate Buxar Town P.S. Case No. 198 of 1993 dated 30.07.1993 and to verify the genuineness of sanha entry no. 859 of 1993 dated 30.07.1993, he along with S.I., Srikant Ram, S.I., Nirmal Kumar Singh, S.I., D. K. Mishra, Constable, Krishna Paswan, Constable, Hari Shankar Pandey and Driver, Sharwan Kumar Singh and Constable of the armed forces proceeded to Sohani Patti at about 05:15 P.M. and reached near the house of appellant at 05:30 P.M. The appellant, seeing the police party, fled into his house and after that the P.W.1 and other police officials in presence of two independent witnesses, namely, Shivji Singh and Ramesh Chandra Pandey entered the house of the appellant and searched the house. In course of search, P.W.1 arrested the appellant from a room of the house and made his personal search in presence of above stated independent witnesses and recovered 12 puriyas heroin kept in a plastic Chimki from his conscious possession. P.W.1 also searched the house of the appellant but nothing was recovered from his house. He prepared a seizure list in presence of the aforesaid independent witnesses who voluntarily put their signatures on the seizure list. The appellant did not give any satisfactory answer for keeping heroin with him nor produced any documents relating to the aforesaid seized heroin.

4. On the basis of aforesaid written report, being officer in charge of Buxar Town Police Station, P.W.1 himself registered Buxar Town P.S. Case No. 201 of 1993 under Sections 47 A of the Excise Act and 20(B) (i) of N.D.P.S Act, 1985 and handed over charge of investigation to one S.I, namely, Sri N. K. Singh. On the same day, formal first information report was prepared by P.W.1 against the appellant for the above stated offences and sent the formal first information report as well as written report to concerned Magistrate and the said formal first information report and written report were put up before the concerned Magistrate on 31.07.1993. The matter was investigated by the Investigating Officer and after completion of investigation, Investigating Officer submitted charge sheet for the offences punishable under Sections 47 A of the Excise Act and 20(b) (ii) of N.D.P.S Act against the appellant. On being receipt of the charge sheet, learned Sessions Judge, Buxar took cognizance and framed charge for the offence punishable under Section 20(b) (ii) of N.D.P.S Act against the appellant on 08.05.1995. The charge was read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

5. In course of trial, prosecution examined, altogether, two witnesses and got exhibited written report as Exhibit-1 as well as seizure list as Exhibit-2. The statement of appellant was recorded under Section 313 of the Cr.P.C. in which he reiterated his innocence. Although, no evidence was adduced on behalf of the appellant in support of his defence but from perusal of statement of the appellant recorded under Section 313 of the Cr.P.C. as well as trends of cross examination of prosecution witnesses, it is apparent that the defence of the appellant was total denial of prosecution story.

6. The learned trial court having considere

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