JUDGMENT

Arijit Pasayat, J.-Appellants faced trial for alleged commission of offences punishable under Section 8 read with Section 20 (B)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act ). Each was found guilty and sentenced to undergo imprisonment for 3 years and to pay a fine of Rs. 2,000/- with default stipulation by the learned Special Judge (NDPS) Bhopal. The conviction and sentence were maintained by the High Court of Madhya Pradesh at Jabalpur by the impugned judgment.

2. Background facts as projected by the prosecution during trial are as follows:

On 31.3.2001, while Inspector Ajay Singh Bisen (PW-10) was on duty at G.R.P Police Station, Bhopal, he received an information that two persons had got down from Madhya Pradesh Express and were waiting at platform No. 2 for Coolie with suitcases and bags in which they were carrying contraband article (Ganja). This information was recorded by him (Ex.P-25) and thereafter, he proceeded with his staff to the place as per the information received by him. He found the appellants standing with the suitcases and bags. On search of the suitcase of appellant No. 1 Rajendra, he found 23 kilograms of "Ganja" t