Ashutosh Kumar, J.—All the criminal appeals have been heard together and are being disposed of by this common judgment.

2. We have heard Mr. Suraj Narain Yadav, the learned Advocate for the appellants in Criminal Appeal (DB) No. 619/2017 (Barhan Mahto) and Criminal Appeal (DB) No. 620/2017 (Prayag Prasad), Mr. Vikramdeo Singh, the learned Advocate for the appellants in Criminal Appeal (DB) No. 677 of 2017 (Rameshwar Prasad), Criminal Appeal (DB) No. 791 of 2017 (Shyamdeo Prasad) and Criminal Appeal (DB) No. 891 of 2017 (Keshar Prasad) and Mr. Ajay Kumar Mishra, the learned Additional Public Prosecutor for the State.

3. All the appellants have been convicted under Section 20 and 22 of the N.D.P.S. Act, 1985 vide judgment of conviction dated 28.04.2017 and the consequent order of sentence dated 05.05.2017 passed by the learned Additional Sessions Judge-1st -cum Special Judge (N.D.P.S. Act), Gaya in N.D.P.S. Case No. 7/2015 (arising out of Barachatti P.S. Case No. 166 of 2014 for recovery of 27 kgs of Ganja from the appellant / Barhan Mahto; 15 kgs of Ganja from the appellant /Prayag Prasad; 67 Kgs of Ganja from the appellant /Rameshwar Prasad; 43 kgs of Ganja from the appellant/Shyamdeo Prasad; and 85 kgs of Ganja from appellant/Keshar Prasad.

4. The appellant/Barhan Mahto in Criminal Appeal (DB) No. 619 of 2017 has been sentenced to undergo R.I. for 14 years and to pay a fine of Rs. One Lakh Fifty Thousand and in default of payment of fine, to further undergo R.I. for two years. The appellant / Prayag Prasad in Criminal Appeal (DB) No. 620 of 2017 has been sentenced to undergo R.I. for 10 years each under Sections 20 and 22 of the NDPS, to pay a fine of Rs. One Lakh and in default of payment of fine, to further undergo R.I. for one year. The appellant/Rameshwar Prasad in Criminal Appeal (DB) No. 677 of 2017 has been sentenced to undergo R.I. for 14 years under Sections 20 and 22 of the N.D.P.S. Act and to pay a fine of Rs. One Lakh Fifty Thousand and in default of payment of fine to further undergo R.I. for two years. The appellant / Shymadeo Prasad in Criminal Appeal (DB) No. 197 of 2017 has been sentenced to undergo R.I. for 14 years under Sections 20 and 22 of the N.D.P.S. Act, to pay a fine of Rs. One Lakh Fifty Thousand and in default of payment of fine to further undergo R.I. for two years. The appellant / Keshar Prasad in Criminal Appeal (DB) No. 891 of 2017 has been sentenced to undergo R.I. for 14 years under Sections 20 and 22 of the N.D.P.S. Act, to pay a fine of Rs. One Lakh Fifty Thousand and in default of payment of fine to further undergo R.I. for two years.

5. The learned Advocates appearing for the appellants have submitted that the conviction of the appellants is based on no evidence at all. None of the provisions of the N.D.P.S. Act, 1985 with respect to search and seizure have been followed. In fact, the witnesses have not even been identified in the dock. They have further urged that the sampling was done after a long time of the seizure and the material exhibits were not even produced during the Trial.

6. On these grounds, it has been urged that the judgment and order of conviction against all the appellants be set aside and they be released from custody.

7. A peculiar approach appears to have been adopted by the investigating agency as also the Trial Court in this case.

8. The F.I.R was registered on the self statement of PW-6 that at about 2 ‘O’ Clock in the night of 25.04.2014, a secret information was received by him that many persons have kept Ganja in their houses in village Dhamna for sale.

9. In order to verify the aforenoted information, Surendra Rai (PW-6) along with his team comprising Constables, members of S.T.F. etc., proceeded towards village Dhamna and surrounded the village from outside. The houses of the residents of the village were searched and narcotics was recovered from nine of such houses. Five of the appellants were found present in their houses from where huge quantity of Ganja kept in sa