Arvind Srivastava, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor, appearing for the State.

2. This appeal has been filed against the judgment of conviction dated 25.04.2017 and the order of sentence dated 28.04.2017 passed by Sri Ram Rang Tiwary, 7th Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari in N.D.P.S. Case No. 14/25 of 2013/2016 arising out of Palanawa P.S. Case No. 08 of 2013, G.R. Case No. 63 of 2013, whereby and whereunder the appellant has been convicted under sections 20(b)(ii)(c) and 23(c) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the “N.D.P.S. Act”) and sentenced to undergo rigorous imprisonment for 15 years as well as to pay fine of rupees One Lac Fifty Thousand (Rs. 1,50,000/-) under section 20(b)(ii)(c) of the N.D.P.S. Act. The appellant has further been sentenced to undergo rigorous imprisonment for 15 years and also to pay a fine of rupees One Lac Fifty Thousand (Rs. 1,50,000/-) under section 23(c) of the N.D.P.S. Act. In default of payment of fine in both sections, the convict has further been sentenced to undergo rigorous imprisonment for 18 months. Both the sentences have been directed to run concurrently.

3. The facts of the case, in brief, is that one Prakash Chand Baswal/P.W. 4, Assistant Commandant, S.S.B. Bhelahi, East Champaran made a written information before the Officer-in-Charge, Bhelahi O.P. under Palanwa P.S. that on 27.01.2013 at about 00:10 A.M., he got secret information about smuggling towards East direction of Pillar No. 403 and accordingly, he constituted a raiding team under his leadership and reached at the Pillar No. 403. At about 4:00 A.M. one person was seen coming through the Pagdandi of a field. He was apprehended, who disclosed his name as Raj Kumar. Thereafter, two more passerby persons, namely Mukesh Kumar/P.W. 5 and Ashok, were seen, who were stopped and requested to become witness in this case to which they agreed. Thereafter, the accused was informed about the secret information and was asked as to whether he would like to be searched by a Magistrate or Police, on which he became ready to be searched by Raiding Party. On search, from his under thermal paint on his thigh two yellow coloured packets and from his bag kept in his hand another packet of blue and red coloured were recovered. On inquiry, the accused replied that it is Charas. Thereafter, all the three packets were tested by Drug Detection Kit, on which the recovered materials were found to be Charas. On weighing the recovered materials was found 3 kg. On enquiry, the accused confessed that he has purchased the said Charas from one Braj Mohan of Vill. Akawa in Nepal and in this event, one Ganesh of Vill. Hasua in Nepal had helped him. He further confessed that he wanted to take the aforesaid Charas to Ludhiaya, Punjab. Thereafter, the accused was taken into custody and Seizure List was prepared.

4. On the basis of the aforesaid written statement of the informant/P.W. 4, Palanwa P.S. Case No. 08 of 2013 was registered on 28.01.2013 for the offence under sections 20(b), 22, 23 and 24 of the N.D.P.S. Act, in which appellant was made accused. After investigation, the Police submitted charge-sheet under sections 20(b), 22, 23 and 24 of the N.D.P.S. Act and the accused persons were sent up for trial. Thereafter, charges were framed against the appellant on 26.08.2013 for the offences punishable under sections 20(b)(ii)(c) and 23(c) of the N.D.P.S. Act, to which the appellant pleaded not guilty and claimed to be tried.

5. During trial, the prosecution has examined altogether 8 witnesses. P.W. 1/Jitendra, who was posted as Constable at S.S.B. Belahi. P.W. 2/Swapan Kumar Bouri, P.W. 3/Rajat Kundu, members of the Raiding Party. P.W. 4/Prakash Chandra Baswal, the informant. P.W. 5/Mukesh Kumar, Head Constable, S.S.B. 13th Battalion, Piprakothi, P.W. 6/Manoj Kumar Prabhakar, S.H.O., Banjariya, P.S., who was entrusted investi