JUDGMENT :

The sole appellant is one of the accused of Udwantnagar (Gajrajganj) P.S. Case No.195 of 2017. After investigation the police sent up only the appellant for trial vide Exhibit-8 and investigation against other co-accused was kept pending. Accordingly, the appellant faced trial before the learned 4th Additional Sessions Judge-cum-Special Judge Excise Act, Bhojpur at Ara, in N.D.P.S. Case No.25 of 2017. By judgment dated 25.11.2019 the learned trial Judge convicted the appellant for offence under Sections 20(b)(ii)(c) of the N.D.P.S. Act and by order of sentence dated 02.12.2019 ten years rigorous imprisonment along with fine of rupees ten thousand was awarded. In default of payment of fine six months further imprisonment was ordered. The trial Court judgment and order are under challenge in this appeal.

2. The prosecution case as disclosed in the written report of PW 6 Satyendra Kumar is that on 07.07.2017 at 6:15 AM, the informant was telephonically informed by Sub-Divisional Police Officer, Ara (not examined during trial) that in village Masarh, the house of the appellant is required to be raided as it had been learnt that appellant is involved in business of Ganja. The S