1. Heard learned counsel for the appellant Mr. Mahesh Tewari assisted by Md. Sahabuddin, Advocates as well as learned counsel for the State, Mr. Pankaj Kumar, Additional Public Prosecutor assisted by Mr. Suraj Verma, Advocate.

2. The instant Criminal Appeal has been preferred against the judgment of conviction dated 17.12.2003 and order of sentence dated 19.12.2003 passed by the learned Special Judge-cum-Sessions Judge, (N.D.P.S. Act) Hazaribagh, in G. Case No.9 of 1998/T.R. No.6 of 2003, whereby. the sole appellant has been convicted for offence committed under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 3 years and also a fine of Rs. 10,000/- and in default of fine, he shall undergo further period of one year rigorous imprisonment.

3. The prosecution case is based upon prosecution report submitted by informant Pradip Kumar Sinha (P.W. 2) (Sub-Inspector, Excise). As per the prosecution report informant got a confidential information on 18.5.1998, that one Laldeo Mahto is selling contraband substances in his shop, situated at Village-Koiri Tola, near Kali Mandir, Chitarpur, P.S.-Ramgarh Project, District-Hazaribagh. On such information, the informant (P.W. 2) Pradip Kumar Sinha (Sub-Inspector, Excise) along with Talkeshwar Tiwary (P.W. 1) a constable and other police personnel reached the shop of appellant at 6.30 p.m. and on searching in the shop, the informant got 250 g.m. of ganja and 250 g.m. of Bhang (hemp) kept separately in polythene packet along with 24 pieces of chillams (Ganja smoking pot) was recovered and seized by the informant in presence of accused and two independent witnesses. Seizure list was also prepare on which accused has put his signature in presence of other witnesses and a copy of seizure list was also handed over to accused. Sample of the seized Ganja and Bhang which was separately sealed by the informant in a sack taken from the accused and thereafter informant along with accused and seized materials came to his office. The informant has remanded the accused to the court and also send the sample of the seized material for chemical test before the expert.

4. That charge has been framed u/s 20(i)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on 16.5.2000 by the Sessions Judge, Hazaribagh. The accused has pleaded innocence and thus put for trial.

5. That prosecution has ,examined two witnesses. P.W. 1 is Talkeshwar Tiwary (Excise Constable) and P.W. 2 is Pradip Kumar Sinha (informant) Sub-Inspector (Excise).

6. Apart from oral evidence the prosecution has adduced Seizure list as Exhibit-1, the signature of the witnesses on the search-cum-seizure list as Exhibit-2 (signature of Talkeshwar Tiwary on seizure list as Exhibit-2/1, signature of Dildar Hussain on seizure list as Exhibit-2/2,. signature of accused Laldeo Mahto on seizure list as Exhibit-2/3), signature of P.W, 2 on the forwarding report of the accused Laldeo Mahto on the seizure list as Exhibit-3, Exhibit-4 is writing and signature of informant Pradip Kumar Sinha. on seizure list, Exhibit-5 is the report of Chemical Examination submitted by Shri Lalan Prasad Singh (Excise Chemical Examiner), Bihar and Exhibit-6 is prosecution report. The defence has also examined two witnesses as defence witness. Sudheshwar Mahto as D.W. 1 and Sahdeo Prajapati as D.W. 2.

7. Talkeshwar Tiwary, Excise constable. has been examined as P.W. 1. This witness has stated that on 18.5.1998, while he was posted in Ramgarh, this witness along with the Sub-Inspector Pradip Kumar Sinha and Dildar Hussain and Dhaneshwar Prajapati went to the shop of Laldeo Mahto @ Lala Mahto situated at Koiri Tola, Near Kali Mandir, P.S.-Chitarpur, Ramgarh and conducted raid in presence of the witnesses, where a polythene containing 250 g.m. of ganja and another polythene containing 250 g.m. of bhang were recovered. Apart from it a polythene containing 24 pieces of chillam was also rec