JUDGMENT - Y.K. SABHARWAL, C.J.:---The appellant was prosecuted for an offence punishable under section 20(b)(ii) and section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 thereinafter referred to as "the N.D.P.S. Act", on the allegations that on 29th February, 1996 an information was received that he was possessing and selling brown sugar in his residence. After compliance of the provisions of the N.D.P.S. Act, according to the prosecution, the raid was conducted at the house of the appellant and during search, brown sugar weighing 3½ Grams was found in his possession. It was seized and sealed in presence of the Panchas and the appellant was arrested. The charge under section 20(1)(b) of the N.D.P.S. Act was framed against the appellant by the learned Additional Sessions Judge, Akola, on 8th July, 1996. The prosecution examined six witnesses, including Panch, PW.1-Uday s/o Manohor Fase, and the Investigating Officer, P.W.6-Vinod s/o Ganpatrao Raut. The learned Additional Sessions Judge, considering evidence on record, has come to the conclusion that the offence under section 20(b)(ii) of the N.D.P.S. Act stands proved against the appellant, who has been sentenced

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