L. S. SREENIVASA REDDY, J.

( 1 ) APPELLANT Babu Rao has been convicted by the Special Judge, Metropolitan Area, Bangalore City under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 50,000/- or in default to suffer rigorous imprisonment for one year. Canvassing the correctness and legality of the said order of conviction and sentence he has preferred this appeal through the Senior Jail Superintendent, Central prison, Bangalore.

( 2 ) SRI R. C. Ijari was appointed as Amicus Curiae to argue this appeal on behalf of the appellant and he has ably assisted the Court.

( 3 ) THE case of the prosecution is brief and simple : On 27-2-90 at about 5-30 p. m. the accused was found in possession of some ganja packets while he was selling the same to the public behind Seetharama Choultry, Kengeri. The Special squad of the Commissioner of Police, Bangalore which was on beat rounds having received information regarding the alleged sale of ganja packets, rushed to the spot and apprehended the accused and seized 17 packets of ganja from him. The persons

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