1. This appeal is directed against the judgment and order dated 26.2.1998, rendered by the learned Joint District Judge and Additional Sessions Judge and Special Judge under N.D.P.S. Act, Nanded in Spl. (N.D.P.S.) case No. 3/1997, thereby convicting the appellant/(original accused) under section 20 (b) (i) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to suffer R.I. for three years and to pay fine of Rs. 10,000/- with default condition for non-payment of fine to suffer further R.I. for six months.

2. The factual matrix of the prosecution case, which can be unfolded, are as under:-

PW 1 API Rajendra More i.e. complainant herein was in-charge of Mukhed police station at the relevant time i.e. in September, 1996 and at about 3.30 p.m. on 9.9.1996, when he was present in the said police station, he received a telephonic message that one person namely Gangarm Chaudekar i.e. appellant (original accused) was apprehended by ASI Bhurewar at S.T. stand of village Jamb, on suspicion that he was having Ganja in his possession. Said telephonic message was given by PW 6 P.C. Narayan Kambale attached to police out post of village Jamb. Accordingly, PW 1 API