JUDGMENT :

SHAILENDRA SINGH, J.

1. The instant appeal has been filed against the judgment of conviction dated 02.11.2016 and order of sentence dated 10.11.2016 passed by learned Additional Session Judge-I, Siwan, in connection with G.R. No. 37 of 2013, Tr. No. 50 of 2016 arising out of Pachrukhi P.S. Case No. 04 of 2013, registered for the offences punishable under Sections 279, 337, 338 and 427 of the Indian Penal Code and Section 20b(ii)C of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act), whereby and whereunder the appellant namely, Santosh Ray has been held guilty for the offence punishable under Section 20b(ii)C of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees One lakh has also been imposed upon the appellant and in case of non-payment of fine, he has been directed to undergo additional rigorous imprisonment for two years.

2. The substance of the prosecution’s case is as follows:

On 03.01.2013, the informant, then SHO of Pachrukhi P.S., was patrolling with other police officials and chowkidar and during that course, he got a secret information that narcotic material suspected to be ganja was being smug