Chandra Shekhar Jha, J. – Heard Mr. Jitendra Singh, learned senior Advocate assisted by Mr. Tej Pratap Singh, learned counsel for the appellant and Ms. Abha Singh, learned Additional Public Prosecutor for the State.

2. The present appeal preferred under Section 374(2) of the Code of Criminal Procedure (in short the ‘Cr.P.C.’) challenging the judgment and order of conviction dated 15.10.2019 and order of sentence dated 21.10.2019, respectively as passed by learned 1st Additional Sessions Judge, East Champaran, Motihari in N.D.P.S. Case No. 11 of 2017, CIS No. 56 of 2017 arising out of Chhauradano P.S. Case No. 13 of 2017, whereunder appellant-accused was convicted and sentenced for offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the “N.D.P.S. Act”) and ordered to undergo rigorous imprisonment for ten (10) years with a fine of Rs. 1,00,000/- and in default of payment of fine, the appellant shall undergo R.I. for six months respectively.

3. As per the prosecution story, while the informant, who is ASI in SSB 47th B.N. Jalgama, was checking the vehicle on 11.09.2017 at about 11:00 O’Clock on road in front of Chhouradano Block, a Tata Magic vehicle bearing Reg. No. BR05 G 3797 was intercepted on which two persons were boarded, thereafter, one blue coloured bag containing ‘Charas’ was recovered from the apprehended person namely, Md. Mujamil. On being weighed it was found 4.6 Kg. One mobile phone was also recovered from the possession of said Md. Mujamil. On search of another person namely, Mahesh Prasad (the appellant), who was driver of the said vehicle, a mobile phone was recovered from him. On asking, both the apprehended persons did not give any satisfactory answer or paper of having contraband ‘Charas’ which was found in their possession. Thereafter, seizure list was prepared in presence of witnesses.

4. On the basis of the aforesaid, Chhauradano P.S. Case No. 13 of 2017 was registered under Section 18, 20, 22 of the N.D.P.S. Act on 19.01.2017 against the accused persons. After investigation, charge-sheet no. 109/2017 dated 10.09.2017 was submitted under Sections 18, 20, 22 of the N.D.P.S. Act in the court of learned District Judge-cum-Special Judge, Motihari. The case record of one co-accused Md. Mujamil was separated and sent to J.J. Board, Motihari and only accused Mahesh Prasad (appellant) has faced trial in this case.

5. On the basis of material collected during investigation learned trial court framed charges under Section 20(b)(ii)(c), 23(c) of the N.D.P.S. Act against the appellant/convict, which he pleaded “not guilty” and claimed trial.

6. To substantiate its case, prosecution examined total of six witnesses in support of the prosecution case. They are Parsun Kumar Murmu (PW-1), who is constable of SSB, Ganesh Das (PW-2), who is also constable of the SSB, Dinesh Singh Rawat (PW-3) is the head constable of SSB, Asim Barmudai (PW-4), who is ASI in SSB and also informant of this case, Paras Raut (PW-5) who is head constable of SSB and Azaj Alam (PW-6) who is the Investigating Officer of this case.

7. The prosecution has produced and relied upo following documentary evidences as to substantiate its case during trial, which are as under: