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