Hon'ble Dinesh Kumar Singh-I,J.

1. This criminal appeal has been filed against the judgment and order dated 9/9/2008, whereby the accused-appellant Shatrughan Pandey has been sentenced 13 years rigorous imprisonment and fine of Rs.2.00 lakhs under section 8/20 (b) (ii) (C) of NDPS Act and in default of payment of fine, 3 years additional rigorous imprisonment.

2. The complaint filed against the accused in the Court below contains following facts in brief. In the complaint filed by Inspector of Customs, Radheshyam Dubey, posted at Customs (Prevention) Circle Basti, District Basti, it is stated that on 12/10/2006 at about 00.15 hours, a team of Custom Officials (Prevention) Circle, Basti was constituted comprising Shri V K Pandey, Superintendent, Shri Rajkumar, Inspector, Shri Neeraj Kumar Rai, Inspector, Shri K N Singh, Hawaldar, Shri Radheshyam Contingency worker and Shri G S Vishwakarma Driver, along with independent witnesses Shri Chandra Bhan and Shri Dilshad Ahmad for daily routine preventive checking. This team reached near Chainpur Chauraha on Gorakhpur-Faizabad Road by Government Gypsy and started checking the vehicles coming from Gorakhpur side. At about 03.00 hours a truck bearing no. HR38B/ 9697 was seen coming, which was signaled to stop by the Custom Officials. They found Shatrughan Pandey (accused appellant) and Vikas Kumar (the other accused) as driver and cleaner of the truck. Both of them were acquainted with the identity of the officers and were told to get their truck checked. The driver did not make any objection, following which the truck was checked and it was found carrying iron scrap. The papers were demanded to be shown relating to the loaded goods, upon which the accused no. 1 Radheshyam Pandey handed over Bill no. 17 dated 9/10/2006 issued by M/s. Raj Steel Traders, Akhraghat Road, Mirzapur, in which the weight of iron scrap was mentioned as 15375 Kgs. valuing Rs.1,61,437/- and another paper was relating to sweet-supari and gutka, which was issued by M/s. Maan Kali Enterprises, Banda (Bihar) on its letter pad, which also disclosed that an intimation was sent to Shri Ashwani Kalra, New Delhi to get back the damaged consignment of gutka and sweet-supari. Upon receipt of the direction of the officers, both the accused ascended the truck and began to untie the canvas (Tirpal). Thereafter the officials and the witnesses also climbed into the truck and it was found that on the upper side, bags of gutka and sweet-supari were kept while in the bottom of the truck, iron scrap was filled. When the bags of gutka/sweet-supari were being removed, some different kind of packets also emerged beneath the bags. Sensing some doubt, those bags were separated by the officials, 10 in number, and when they were opened, Ganja was found inside. On interrogation the accused no. 2, Vikas Kumar, cleaner denied any contraband while accused no. 1, Shatrughan Pandey told that all the consignments i.e. Ganja, gutka/sweet supari and iron scrap were loaded from the Godown of M/s. Sona Carrying Corporation, N.H. 28, Chandani Chock, Motihari (in front of patrol pump) Muzaffarpur and the goods were loaded on the direction of a person called Pappu from the Godown of transport and Pappu had told them to carry 10 packets Ganja to Ghaziabad safely. On the request of accused no. 1, the truck loaded with goods along with both the accused and witnesses, were taken to Customs Office, Basti for the purpose of safety, where all the packets of Ganja were unloaded and kept aside. Remaining 34 packets of gutka/sweet supari were found weighing 975.00 Kgs. and 565.00 Kgs. (loose gutka) in weight and iron scrap weighing 15375 Kgs. Since all these bags of gutka, sweet supari and iron scrap were used in concealment of Ganja, they were taken into custody by the officers. When the search of cabin of truck was carried out, papers of vehicle were recovered which revealed that accused no. 1 was registered owner of the truck and the driving licence