GOPAL PRASAD, J.:–Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act (for short “the Act’) and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.1,00,000/- and on non-payment of fine to undergo rigorous imprisonment for one year.

3. Prosecution case as alleged in the First Information Report by the Assistant Commandant is that he along with his associates was on duty at pillar no. 430/72 and at about 22 hours, he found some persons entering into the Indian territory from the Nepal border who were challenged by the Jawan of the Naka party and then all started fleeing away throwing their bundles. However, out of them one person was chased and caught and from his possession one bundle of Nepali Ganja was recovered and 14 bundles were found thrown around and it is alleged that 15 bags of Ganja including the Ganja recovered from the person of the appellant was weighed together and found to be three quintals for which a seizure list was prepared.

4. The defance of the accused is that while he was watering his land on his field he was

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