( 1 ) THIS appeal is directed against the Judgment of the Special Judge to try the cases under the Narcotic Drugs and Psychotropic Substances Act-cum-Additional District and Sessions Judge at Srikakulam dated 26-6-2000 rendered in S. C. No. 1 of 1998, under which the appellant-accused has been convicted for an offence under Section 20 (b) (i) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the Act ) and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000. 00 and in default to under go rigorous imprisonment for four months.

( 2 ) THE case of the prosecution may be stated, briefly, as follows : On 3-9-1995 at about 5. 00 a. m. , PW-4, Ch. Jaganmohan the then Prohibition and Excise Inspector of Pathapatnam, in charge of Vasundhara check-post along with his staff, stopped the Orissa State Transport Corporation bus bearing registration No. OR. 05/4046 plying from Malkanagiri to Berhampuram and checked it at the check-post in the presence of mediators. PWs. 1 and 2, who were the driver and conductor of the bus respectively and PW-3. G. Krishna Rao, Deputy Tahsildar and another. Acc