ASHUTOSH KUMAR, J.:–Cr. Appeal (DB) No. 193 of 2017 and Cr. Appeal (DB) No. 223 of 2017 have been taken up together and are being disposed off by this common judgment.

2. Mr. Gouranga Chatterjee and Md. Najmul Hoda, the learned Advocates, have appeared for the appellants respectively in both the appeals. The State is represented by Mr. Dilip Kumar Sinha, the learned APP.

3. Both the appeals are directed against the judgment and order of conviction and sentence dated 23.12.2016 and 24.12.2016, respectively, passed in G.R. No. 3431/13 (Tr. No. 6/17-9-2016) arising out of Mojahidpur (Babarganj) P.S. Case No. 149/13, whereby the appellants have been convicted for the offences under Sections 20(b)(ii)(C), 23(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and have been sentenced to undergo rigorous imprisonment for 20 years, to pay a fine of Rs. 1,00,000/- each and in default of payment of fine, to suffer simple imprisonment for 20 months each for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act and rigorous imprisonment for 20 years, to pay a fine of Rs. 1,00,000/- each and in default of payment of fine, to further suffer simple imprisonment for 20 months each for the offence under Section 23(c) of the N.D.P.S. Act. No sentence has been imposed under Section 25 of the N.D.P.S. Act as sufficient punishment has already been awarded under Sections 20(b)(ii)(C) and 23(c) of the N.D.P.S. Act, 1985.

4. Both the sentences have been ordered to be run concurrently.

5. One Parshuram Singh (P.W. 7), who at the relevant time was the S.H.O., Babarganj O.P., in the District of Bhagalpur, had lodged the self-statement on 03.10.2013 at about 8.25 A.M. that he had received a secret information in the previous night at about 7.15 P.M. that one Nandlal Sah, who claims himself to be a dealer of rice and carries on his business in Aliganj Gangti Mohalla, has been using his premises for storing and selling Ganja. P.W. 7 also received an information, in the same context, that narcotics is also being stored in the godown of one Mahesh Sah and that there are chances of a heavy consignment of Ganja being brought in the house of one Nandlal Sah. On such secret information, P.W. 7 claims to have informed the superior police officers and on their direction, a team was constituted for raiding the premises of Nandlal Sah, Lakhanlal Sah and Mahesh Sah. With the raiding team, the house of Nandlal Sah and Lakhanlal Sah, both brothers, who resided in the same house in two different floors, was raided. Simultaneously, a raid was conducted in the godown of Mahesh Sah. In the house of Nandlal Sah, his wife/Dolly Devi was available. The police party got themselves searched in presence of two independent persons, namely, Ramjiwan Sah and Sumit Kumar, when nothing incriminating was found on their person. Thereafter, necessary information was given to Dolly Devi and one Purnima Devi, the wife of coaccused/ Lakhanlal Sah that the police party had arrived at their house on the tip-off that the premises are being used for storing narcotics.

6. In presence of the Assistant Superintendent of Police, Bhagalpur, a raid was conducted. Before that, the persons present in the house were given the information that they could have themselves searched before the nearest Magistrate, if they so desired, to which they denied.

7. During the course of search of the house of Nandlal Sah and Lakhanlal Sah, from a room, in the eastern side of the house, nine packets containing narcotics were found. One digital weighing machine in operative condition was also found from that room. All the packets were weighed and the gross weight of all the nine packets was found to be 93.525 kgs. The contents of the packets appeared to be Ganja. At that place only, 25 gms. were taken out from each of the nine packets and those packets were sealed. Indian and Nepali currency notes were also found in one of the almirahs of that room. On account of such recovery, it w