Hon’ble Akhtar Husain Khan, J.—Present criminal appeal has been filed by accused-appellants Anil Kumar Jaiswal Jaiswal and Jagram against judgement and order dated 16.9.2003 passed by Special Judge (N.D.P.S. Act), Kanpur Nagar in Session Trial No. 509 of 1992 (State of U.P. v. Anil Kumar Jaiswal and others), under Sections 18/20 N.D.P.S. Act., P.S. Kakadev, District Kanpur Nagar whereby learned Special Judge has convicted both accused-appellants Anil Kumar Jaiswal and Jagram for offence under Section 20(B)(II)(C) N.D.P.S. Act and has sentenced each of them thereunder to undergo rigorous imprisonment for 15 years with fine of Rs. 1 lac. In default of payment of fine each of accused-appellant has been ordered to undergo further rigorous imprisonment for 1 1/2 years. The learned Special Judge has directed that period of detention already undergone by accused-appellants shall be set off against sentence of imprisonment awarded to accused-appellants.

2. Learned counsel Sri Arun Kumar Tewari appeared for accused-appellants. Learned AGA appeared for State of U.P. Learned Special Counsel Sri Sanjay Kumar Singh appeared for Union of India.

3. I have heard learned counsel for the parties and perused records.

In brief relevant fact for determination of this appeal is that complaint has been filed on behalf of Union of India through Assistant Collector (Prevention) Customs & Central Excise and Incharge of Narcotics Cell, Sarvodaya Nagar, Kanpur Nagar under Section 20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 before Chief Metropolitan Magistrate, Kanpur Nagar against accused Anil Kumar Jaiswal, Ram Chandra Yadav, Jagram, Shri Mohan Yadav and Shri Ram.

4. According to complaint version of prosecution is that a reliable information was received that contraband Narcotic drugs are being stored in a house situated at Mohalla R.S. Puram, P.S. Kakadev and are being transported in a car for its supply to different persons in Kanpur City and outside for its illegal sale whereupon a raid was organised on 25.8.1988 by officials of Customs & Central Excise, Department Kanpur Nagar. Sri J.S. Saxena, Inspector Custom & Central Excise Narcotic Drugs and Psychotropic Substances, Sarvodai Nagar, Kanpur Nagar alongwith his team members mentioned in complaint took position in Mohalla R.S.Puram behind Rawatpur Station on 25.8.1988 at 1.30 p.m. At about 2.00 p.m. an Ambassador car bearing registration No. U.P. G 3627 was detected proceeding from the side of Mohalla R.S. Puram. Said car was asked to stop near Kaka deo. But driver of car instead of stoping car tried to speed up car. Inspector J.S. Saxena and his team chased the said car and got it stopped whereupon all the three persons including driver sitting in the car tried to ran away after having stopped car at R.S. Puram Tiraha but all of them were apprehended by the team. Thereafter, they disclosed their names as Anil Kumar Jaiswal, Ram Chandra Yadav and Jagram with their addresses mentioned in recovery memo as well as in complaint. Thereafter, team made search of car whereupon two bags of rexine containing Charas were recovered from the back seat of car while Ganja kept in packets as well as in one small bag was recovered from dicky of car. Thereafter, recovered Charas and Ganja were weighted after having brought to the office of department. Weight of Charas was 8.800 Kgs and weight of Ganja was 115.750 Kgs. The recovered Charas and Ganja were duly seized by aforesaid inspector and his team and were sealed after taking out three representative samples for chemical analysis. On interrogation all the aforesaid three persons disclosed to team that seized drugs have been loaded in car from a house situated in Mohalla R.S.Puram by two other persons, whereupon, aforesaid team of Inspector J.S. Saxena raided the house situated in Mohalla R.S. Puram at the pointing out of arrested aforesaid three accused. On search, no contraband goods was found in the house but two persons, who disclos