This is an appeal filed by the accused from Special Case No. 02 of 2001 of Additional Sessions Court, Ambajogai, who was convicted U/Sec. 20(a) (i) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short "N.D.P.S. Act") and sentenced to suffer R. I. for three years and to pay fine of Rs. 2,000/- by judgment dated 18.02.2003.

2. As per the prosecution case, P.W. No. 6 P.S.I. P. H. Giri of Dharur Police Station, Dist. Beed on 07.09.2001 received a secrete information that, the appellant has cultivated some ganja plants in his field bearing land Sy. No. 7 at Dharmala, where there was crop of bajara. He then called two panchas, one Gazetted Officer Dr. Anantrao Kurwade and one photographer and visited the spot at Dharmala along with his staff. The appellant was called in his field and opportunity was given to the appellant to call any other Gazetted Officer. The appellant declined to call any other Gazetted Officer. Thereafter the field was inspected and fifteen (15) ganja plants of the hight of one to one and half feet were found. Those were uprooted and weighed an