Rajiv Roy, J.—The present appeal has been preferred against the the judgment and order dated 13.01.2023 as also the sentence dated 16.01.2023 passed by the learned Additional District & Sessions Judge-1 Purnia in Special Case No- 02/2016/CIS No.01/2016 arising out of Baisi P.S. Case No. 91/2016 dated 20.06.2016 by which the appellant has been convicted under section 20(b)(ii) (c) Narcotics Drugs and Psychotropic Substances Act, 1985 (henceforth for short ‘the NDPS Act’) and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. one lakh and in default, six months of simple imprisonment.

2. The prosecution story as read in the FIR is/are as follows:—

(i) on 20.06.2016 at 7:45 hours morning, the informant, Police Inspector cum S.H.O., Baisi Police Station namely Tarkeshwar Prasad Singh has recorded his statement at village Sadipur that while on 20.06.2016 at 00:30 hours, he was on patrolling duty and checking the vehicles along with the police force at Bausi, around 02:30 hours, they found a one car coming from Dalkola side. However, upon sight of the Police, the car took a turn with the intention to escape. The Police however, chased and was able to stop it. The Driver gave his name as Deepak Kumar Rai (the appellant herein) whereas another person gave his name a Karanbir Singh;

(ii) the further allegation is that the villagers have assembled there. On query, the accused persons failed to give satisfactory reply. Thereafter, in the presence of two local witnesses 1. Md. Sarbar and 2. Md. Raisul, the checking of the vehicle was made. Upon search from the dicky of the said vehicle (Honda City Car) having registration no. CG-11BB-1701, 42 packets were recovered and on weighing, it was found to be 215.400 kg ‘ganja’;

(iii) this followed the physical search in the presence of the aforesaid two independent witnesses and from the possession of Karanbir Singh, three mobiles and 19,000/- cash were recovered whereas from Deepak Kumar Rai, one mobile was recovered;

(iv) the informant further alleged that on the measurement taken by electronic measurement tools, the recovery/seizure were as follows:—

(i) 1st group of 22 packets contained 2.770 kg to 3.000 kg ‘ganja’;

(ii) 2nd group of 12 packets contained 3.820 to 5.730 kg ‘ganja’; and

(iii) 3rd group of 8 packets contained 7.130 kg to 12.700 kg.‘ganja’;

(v) after measurement, all the packets were seized in the presence of accused persons as also independent witness;

(vi) on the basis of aforesaid written report, FIR has been lodged against the appellant and another.

3. According to the learned counsel for the appellant, Karanbir Singh was found juvenile and as such, his case was separated. The charge-sheet came to be submitted on 31.10.2016, cognizance taken on 08.12.2016 and charges were framed on 21.01.2017 against the appellant who pleaded not guilty and this resulted into rolling of the trial.

4. During the trial, the prosecution side examined altogether 9 witnesses. They are as follows:—

(i) PW1-Swaminath Sah

(ii) PW2-ASI Lal Babu

(iii) PW3-Kaleshwar Paswan

(iv) PW4-Babu Lal Rai

(v) PW5- Tarkeshwar Prashad Singh (Informant)

(vi) PW6- Subash Chandra Mandal

(vii) PW7- Jitendra Rana

(viii) PW8- Md. Raisul. (Independent witness)

(ix) PW9-Md. Sarbar. (Independent witness)

5. The exhibits put forward by the prosecution is/are as follows:—

(i) Exhibit-1- Seizure list

(ii) Exhibit-2- Written Application.

(iii) Exhibit-3- Formal FIR.

(iv) Exhibit-4 and 4/A- Notices.

(v) Exhibit- 1/1 and 1/2 signatures on the seized packets 8 and 9.

(vi) Exhibit-5- Report of F.S.L., Patna.

(vii) Exhibit-6 Report of C.R.C.L., Kolkata.

6. P.W.1 Swaminath Sah – He was serving as the Reserve Guard in the Baisi Police Station. According to him, a White Car was found coming from Dalkola side. The Police tried to intercept the vehicle but the Driver took a turn to escape alongwith the Car. The Police chased the vehicle which left National Highway and entered Sadipurbhutaha village where it was finally intercepted. Those seated th