JUDGMENT :

1. Appellant Laxmi Thakur has been found guilty for an offence punishable under Section 20(b)(II) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.25,000/-and in default thereof, to undergo S.I. for six months, additionally, by the Additional Sessions Judge, Fast Track Court-II, West Champaran at Bettiah vide judgment of conviction dated 22.11.2008 and order of sentence dated 25.11.2008, relating to Trial No.08 of 1994, arising out of Government Case No.02 of 1994.

2. Prosecution has been launched against the appellant at the behest of excise officials on an allegation that on 04.04.1994, while they were proceeding over Narayan Ghat Road, they found the appellant in suspicious circumstance, whereupon apprehended, searched out, in presence of witnesses Kameshwar Prasad (PW-2), Amar Nath Mishra (not examined) and Harendra Sah (PW-3) and during course thereof, one kilogram Charas has been found from his possession. Consequent thereupon, the trial proceeded as is evident from the order sheet as a Complaint Case being governed by Excise Act and further, altogether two Pws were examined and then, on 17.04.1995, charge was