JUDGMENT

M.R. SHAH, J.

Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 01.10.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 881/2012, by which the High Court has dismissed the said appeal preferred by the appellant herein – original accused No.1 and has confirmed the Judgment and Order of Conviction and Sentence passed by the learned Special Court convicting the accused – appellant no.1 for the offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’) and sentencing him to undergo five years rigorous imprisonment and fine of Rs.25,000/-, in default, to undergo further one year’s rigorous imprisonment, original accused no.1 has preferred the present appeal.

3. The facts leading to the present appeal are, that the appellant – accused no.1 and one another – Pukhraj were charged for the offence under Section 20(b)(ii)(B) of the NDPS Act, having in their possession 20 kg each prohibited Narcotic Substance – Ganja. As per the case of the prosecution, 20 kg of Ganja was recovered from the possession of the appellant from the motor cyc