Bala Krishna Narayana, J.

1. Heard Sri Sangam Lal Kesarwani, Amicus-curiae for the appellants, Sri Saghir Ahmad, Sri Rajeev Gupta learned AGAs for the State and Smt. Manju Thakur, State Law Officer.

2. This criminal appeal has been filed by the appellants Mohd. Idrish and Madhu Sudan Pandey against the judgment and order dated 15.9.2008 passed by Additional Sessions Judge/FTC Court No. 3, Jaunpur in Special Sessions Trial No. 68 of 2008 (State Vs. Mohd. Idrish and another) under Section 20 of the NDPS Act, Police Station Gaurabadshahpur, District Jaunpur connected with Session Trial No. 336 of 2008 (State VS. Mohd Idrish) under Section 25 of the Arms Act, Police Station Gaura Badshahpur, District Jaunpur by which both the appellants have been convicted and sentenced to 10 years rigorous imprisonment and a fine of Rs. 2 lakhs each and in default of payment of fine additional imprisonment of 2 years each under Section 20 of the NDPS Act and appellant no. 1, Mohd. Idrish has been further convicted and sentenced to 7 years rigorous imprisonment and a fine of Rs. 25,000/-, in default of payment of fine 1 year additional imprisonment under Section 25 of the Arms Act.

3. Before I hear upon the merits or otherwise of the contentions, it will be appropriate for the Court to fully narrate the facts resulting in the conviction of the appellants. On 18.12.2007 while SHO Param Hans Tiwari was on patrol duty in Village Banarhiyabag along with Constables Kailash Nath Pandey, Harish Chandra Gautam and Bhagwat Ram in a government jeep which was driven by one Raj Bahadur Singh he met probationary S.I. Sanjay Kumar Rai, Constable Durg Vijay Singh, Yashwant and Jai Prakash who were also on patrol duty. On meeting each other they stopped and started discussing crimes and criminals. In the meantime PW1 Param Hans Tiwari received a secret information through police informer that an assignment of Ganja was being transported in a jeep bearing Registration No. UP52G 1527 which was coming from the side of Gaurabadshahpur and going towards the Jaunpur and unless prompt action was taken the carrier may escape with the assignment. PW1 Param Hans Tiwari disclosed the aforesaid information to the police personnel present there and they immediately proceeded to Village Bithar and on reaching there they took position in the petrol pump and put a road block. After few minutes they saw a jeep coming from the side of Gaurabadshahpur in the light of the petrol pump and torch which was signaled by the police informer to the jeep by which contraband articles were being transported. The members of the police party promptly stopped the jeep in which two persons were found seated, one on the driver's seat and the other on a gunny bag put in the rear portion of the jeep. After stopping the jeep they got it parked on the roadside. Both the occupants of the jeep remained seated. On being quizzed by the police the person sitting on the driver's seat disclosed his name as Mohd. Idrish son of Mohd. Lagan Sai resident of Village Panchpatra, Police Station Revealganj, District Chapra Bihar. His search led to recovery of one country made pistol with one loaded live cartridge from the left pocket of his trouser which he was wearing at the time of his search. One square shape bundle which was covered with a blanket was found lying on the floor of the jeep near its controls in the front portion of the jeep. Mohd. Idrish disclosed that ganja was packed in the bundle and he had kept it as a sample. The person sitting on the gunny bag in the rear portion of the jeep told the patrol party that his name was Madhusudan Pandey @ Baba son of Shivshankar Pandey Village Revealganj, District Chapra Bihar. He confessed that since the police party had caught them no useful purpose would be served in hiding anything. He disclosed that apart from the gunny bag kept in the rear portion of the jeep on which he was sitting, he had concealed 17 other bundles of Ganja in the specially designed