Heard learned counsel for the appellant and learned counsel for the State.

2. The appeal arises out of judgment of conviction and order of sentence 09.04.2014 passed by Sri Jagdish Prasad Mishra, the learned 2nd Additional Sessions Judge, Bhojpur, Arrah in N.D.P.S. Case No. 12 of 2011(arising out of Shahpur P.S. Case No. 120 of 2011) by which the appellant had been convicted for offence under Section 20(b)(ii) (C) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/- and in default of payment of fine further sentenced to undergo rigorous imprisonment for two years.

3. The prosecution as alleged in the First Information Report that while the informant along with police party on patrolling party reached at Arauli bridge, then he received a secret information on mobile that a green colour pick up van loaded with plastic bucket containing Ganja going to Buxar for sale. On the said information, the informant reached at Billouti Chowk and remained there. At about 3.30 A.M. the vehicle passed through the Chowk then the said vehicle was chased and caught at gas godown. On the said vehicle except driver one person was sitting the vehicle but he managed to flee away. On enquiry, the apprehended driver disclosed his name as Bhim Singh and the person who flee away disclosed his name as Kunal Singh. Since there was no independent witness available due to darkness of night so vehicle was checked by the police party then it was found Ganja kept in concealment inside plastic bucket wrapped in 7 bundles and weight of the one bundle was 10 Kgs. and altogether 70 Kgs. Ganja was recovered. Seizure list prepared on police party signed on it and copy of seizure list was handed over to Bhim Singh. Bhim Singh even after article seized could not produce any licence or paper and disclosed that Kunal Singh is main culprit and he has given this Ganja to him to supply to Buxar.

4. On the written report of Hare Krishna Mandal, the informant, the Officer-in-Charge of Shahpur P.S. had lodged F.I.R. and investigation was handed over to Santosh Kumar Dubey, P.W. 1 The police after investigation submitted charge sheet on which cognizance taken, charge framed and trial proceeded.

5. During trial three witnesses have been examined. P.W.1 is Santosh Kumar Dubey, I.O., P.W. 2 is Hare Krishna Mandal, informant and P.W. 3 is Sheo Bansh Yadav, a member of the raiding party.

6. P.W. 2 is the informant who has supported the prosecution case in connection with received the information during patrolling, they apprehended the vehicle passing through Billouti Chowk. From the vehicle 7 plastic bucket each containing 10 Kgs. Ganja, total 70 Kgs. Ganja recovered. Seizure list was prepared with the signature of the accused and they brought seized article along with seizure list and the accused and handed over to the Officer-in-Charge of police station. The seizure list had been marked as Exhibit-1, written report had been marked as Exhibit-2 and Formal F.I.R. had been marked as Exhibit-3, but there is no mention that when he sealed the seized article. He has mentioned that he taken the sample from the said article. However, there is no evidence that sample was sealed. P.W. 1 is the I.O. However, his evidence in cross-examination was not worth mentioning about article seized before him nor accused was present before him or seizure list was prepared before him. He has further stated he had not mentioned in the case diary that before whom he took the sample. He has only stated that he opened the packet and from that packet smell of Ganja was coming out. He had stated that he sent the sample as mentioned in the case diary, but he has not written that sample contained in ganja and what amount of Ganja was recovered. He has further stated that he has produced the sample of seized ganja. P.W. 3, is though, member of the raiding party and only witness with regard to alleged seizure of ganja in the vehicle.

7. The trial co