RAKESH KUMAR, J.

1. The present Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") was preferred by the sole appellant against judgment of conviction and sentence passed in D.R.I. Case No. 11 of 2008 by Sri Prabhakar Mishra, learned 2nd Addl. Sessions Judge, Muzaffarpur (hereinafter referred to as the "trial judge"). By judgment dated : 17.09.2017 the appellant was held guilty and convicted for commission of offence under Section 20(ii) (C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred to as the "N.D.P.S. Act") and by order dated23.09.2017 the appellant under the aforesaid Section was sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,50,000/-and in default of payment of fine he was further directed to undergo simple imprisonment for three years.

2. Short fact of the case is that on 05.12.2008 one Sri Shivendra Satyarthi [P.W. 4], Intelligence Officer, D.R.I., S.R.U., Muzaffarpur received secret information regarding concealment of Nepali Ganja in the house of the appellant. Thereafter, informant and superior officials formed a raiding team a