This appeal on behalf of the appellant Md. Kasim is directed against the judgment of conviction dated 11.01.2012 and order of sentence dated 16.01.2012 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa in Special Case No. 07 of 2009 arising out of Birpur P.S. Case No. 97 of 2009, whereby and whereunder the appellant and nine others were convicted for the offences punishable under Sections 20-B and 23 of the Narcotic Drugs and Psychotropic Substances Act (For short the NDPS Act) and sentenced to undergo R.I. for ten years under Section 20-B and R.I. for ten years under Section 23 of the NDPS Act and to pay a fine of Rs. 1 lakh each for the offence under Section 20-B, and Rs. 1 lakh each for the offence under Section 23 of the NDPS Act, and in case of default of payment of fine, to undergo R.I. for a further period of three years. The sentences, however, have been directed to run concurrently.

2. The prosecution case, in brief, is that on 16.10.2009, while the informant Dinesh Kumar, Assistant Commandant, A-Company of 18th Batallion Sashastra Seema Bal (For the SSB), Birpur, Bihar and other personnel of SSB were deputed to keep vigil on Indo-Nepal border, he received an intelligence input that preparation is afoot for bringing contraband substances from Haripur, a village in Nepal to the Indian territory. On such information, the informant along with his support team went to the place of occurrence. It has been stated that several persons were spotted carrying gunny bags on their head. Some of those persons were arrested who disclosed their names as (1) Bindeshwar Ram, (2) Pramod Kamat, (3) Ram Bali Ram, (4) Suraj Narayan Yadav, (5) Md. Iderish Bhant, (6) Ainul Mian, (7) Sanjeev Pathak, (8) Sachendra Persela @ Rajendra Persela & (9) Amresh Mehta. From their possession, ganja was found in nine bags (8 bags containing 32 kg and one bag 16 kg in 17 bundles), a mobile phone, Nepali and Indian currency and other items. The accused persons were arrested. A seizure list was prepared and the seized articles were handed over to the Birpur Police Station where the fardbeyan of the informant was recorded and a case vide Birpur P.S. Case No. 97 of 2009 dated 17.10.2009 was registered for investigation under various sections of the NDPS Act.

3. The police after investigation, submitted charge sheet under Sections 20-B, 22 and 23 of the NDPS Act, whereafter, cognizance was taken and the case was committed to the Court of Sessions-cum-Special Judge for trial. The trial court framed charges against the accused persons to which they pleaded not guilty and claimed to be tried.

4. The prosecution examined ten witnesses in order to prove the charges, namely, P.W. 1 Dinesh Kumar, the informant, P.W. 2 Md. Nizamuddin, who has proved his signature on the seizure list (Ext. 4/1), P.W. 3 Bipin Kumar Katara, Sub-Inspector, SSB, P.W. 4 Maksood Alam Asharfi, Officer-in-charge, Birpur Police Station, P.W. 5 Rambir Singh, Constable, SSB, P.W. 6 Ramchandra Sah, seizure witness who has proved his signature on the seizure list (Ext. 2/2), P.W. 7 Subaul Singh, Assistant Commandant, SSB, P.W. 8 Krishana Lal, S.I of SSB, P.W. 9 Veer Singh, Havildar of SSB and P.W. 10 Rajeshwari Prasad Singh, the investigating officer of the case.

5. After the examination of prosecution witnesses, statements of the accused persons were recorded by the trial court under Section 313 of the Code of Criminal Procedure (For short the Code) for enabling them personally to explain the circumstances appearing in evidence against them. The accused persons pleaded their innocence in the matter.

6. Thereafter, two witnesses were examined on behalf of the defence, namely, D.W. 1 Chandra Deo Yadav and D.W. 2 Deo Narayan Ram. The defence witnesses are labourers who have stated before the Court that the accused persons also worked along with them and that those witnesses were going home along with accused persons after unloading boulders on the date and time