JUDGMENT :

This is an appeal preferred by the accused against the judgment of conviction and sentence imposed by the learned Special Judge (Principal Sessions Judge), Belgaum, in Special Case No.127 of 2009 dated 22.01.2011, wherein the accused has been convicted for the offences punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the ‘NDPS Act’, for short) and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.50,000/-and in default of payment of fine, to undergo further rigorous imprisonment for a further period of one year.

2. Brief facts leading to the case on hand are as under:

On 07.01.2009 at about 3.00 pm, the Sub-Inspector of Police, Chikodi police station, received a credible information that the accused named in the chargesheet was possessing 2 Kgs of ganja powder worth Rs.3,000/-in a plastic bag. He had also 15 ganja chits each containing 10 grams worth Rs.225/-with him. He was not having any permit or licence. He had engaged in sale of said ganja near Ankali-Koot on Chikkodi-Ankali road. The matter was also informed to the higher officer