Shailendra Singh, J. – Heard the parties.

2. This appeal has been filed against the judgment of conviction dated 25.02.2017 and order of sentence dated 02.03.2017 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in connection with N.D.P.S. Case No. 11 of 2014 (CIS Registration No. 101 of 2014) arising out of Sonepur P.S. Case No. 169 of 2014, whereby and whereunder the appellants have been convicted for the offences punishable under Sections 20(b) (ii) (c) and 22 (c) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- each (Rupees One Lakh only) for the said offences, in default of payment of fine, to further undergo simple imprisonment for a period of 3 years and both the sentences have been directed to run concurrently.

3. The appellants and co-accused persons, namely, Rakesh Singh and Chandan Singh were tried together and were jointly charged for the offences punishable under Sections 20(b) (ii)(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “NDPS Act”) and the appellants were also charged for the offence punishable under Section 414 of the IPC. The appellants were convicted for the offences punishable under Sections 20(b)(ii)(c) and 22(c) of NDPS Act and sentenced as mentioned above but they were acquitted of the offence punishable under Section 414 of IPC. The co-accused Rakesh Singh and Chandan Singh were acquitted of the offences charged upon them.

4. The substance of the prosecution’s case is that on 09.05.2014 at about 5:45 p.m., the informant, Police Sub- Inspector of Sonepur P.S., when he was on patrolling duty, received a wireless information and direction from the officer-in-charge of Sonepur P.S. to rush to Anand Vihar Hotel situated near N.H.-19 where a team of Special Task Force (in short S.T.F.), Patna had apprehended smugglers of Ganja. Thereafter, he reached in front of said hotel and saw that S.T.F. team was standing near a red colour Alto Car bearing Registration No. WB-74W-9977 and three persons were setting inside the car who disclosed their names as Sabujdeo Das, Totan Das and Devashish Verman (appellants). Further case of the prosecution is that from aforesaid car, 65 kg narcotic contraband suspected to be Ganja, wrapped in 23 green polythene packets, was seized and the apprehended persons did not show any paper of the said Alto Car, after that one packet was opened and narcotic contraband Ganja was found in it and the same was found to be wrapped in news Paper. From the possession of the appellants, mobile phones and Rs. 3000/- were also recovered and on interrogation they disclosed that they were carrying the alleged contraband from Mathabhanga to deliver it at Shitalpur to Rakesh Singh (now acquitted) and they were in contact with said Rakesh Singh through mobile phones. Further case of the prosecution is that due to non-availability of independent witnesses, 23 recovered packets with Alto car, mobile phones and Rs. 3000/- were seized in the presence of P.S.I., Dharmendra Kumar and Junior Commando Jitendra Paswan and the seizure list was prepared accordingly.

5. During trial, the prosecution examined altogether eight witnesses P.W. 1 to P.W. 8 and relied upon the following documents which were marked as Exhibits: –

(i) Ex.1: Signature of only namely, Bijendra Singh on seizure list.

(ii) Ex. 1/1: Signature of one namely, Nirmal Kumar Singh on seizure list.

(iii) Ex. 2: Seizure list.

(iv) Ex. 3: Self-written application of one namely, Sri Ram Ram.

(v) Ex. 4: An endorsement on self-written application.

(vi) Ex. 5, 6 , 7 & 8: Signature of one namely, Chandra Bhushan Mishra on confessional statements of Devashish Verman, and Rakesh Singh and on seizure list, and FIR.

(x) Ex. 9: Carbon copy of forwarding letter regarding examination of F.S.L.

(xi) Ex. 10: Signature of Jitendra Paswan on seizure list.

(xii) Ex. 11: F.S.L. Report No. 1752/14 dated 16.09.2014 of F.S.L. Patna.

6. During trial, 13