JUDGMENT

A.M. Badar, J. (Oral) - By this appeal, the appellant/accused is challenging the Judgment and Order dated 30/12/2011 passed by the learned Additional Sessions Judge, Jaysingpur, District Kolhapur in Sessions Case No.4 of 2010 thereby convicting the appellant/accused of the offence punishable under Section 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ''N.D.P.S.Act'' for the sake of brevity) and sentenced to suffer rigorous imprisonment for a term of 10 years apart from directing him to pay fine of Rs. 75,000/and in default to suffer further rigorous imprisonment for three years.

2. The facts of the prosecution case are thus :

(a) On 16/01/2010, P.W.No.6 Pruthviraj Patil API Jaysingpur Police Station had received information that an accused in Crime No.9 of 2010 registered with Police Station, Gaonbhag, Ichalkaranji for the offence punishable under Section 302 of the Indian Penal Code is likely to pass from Ankli Toll Naka of village Udgaon. Hence, P.W.No.6 Pruthviraj Patil API had decided to take up nakabandi of the road meaning thereby to block the road for apprehending the said accused. He along with his colleague police officials left at about 8.20 p.m. of 16/01/2010 and reached Ankli Toll Naka and started nakabandi. After some time, they noticed one person coming from Sangli side carrying a hoar sack on his shoulder. The police party suspected him and asked him to stop. However, that person started running away from the police party. He was chased and apprehended by the police party and was brought near the police vehicle, which was parked near the toll naka. Upon being asked, the said person told his name as Nandkishore @ Bhimkumar Bhajumansingh. He also disclosed to police that he is resident of village Daldori of Bihar State. It is case of the prosecution that said person i.e. applicant also disclosed to the police upon being inquired that he is carrying ganja in the bag, which he was carrying. Police then availed services of two persons passing from the said road as panch witnesses. Those were P.W.No.2 Ranjit Rajput and Rajendra Adake. Police party gives personal search to the panch witnesses and personal search of panchas was also taken by police. Thereafter, personal search of appellant/accused was conducted in presence of panch witnesses. An amount of Rs. 5,700/came to be recovered from his person. Then search of the bag, which was carried by the appellant/accused was conducted. It was found to be containing ganja. By making telephonic call to the Police Station, H.C. Annappa Kamble was directed to send necessary sealing materials as well as weighing scale to the spot. On direction of H.C. Annappa Kamble, P.W.No.3 Ananda Chaugule, H.C. contacted P.W.No.4 Shekhar Gadekar Goldsmith. P.W.No.3 Ananda Chaugule and P.W.No.4 Shekhar Gadekar then went to the spot carrying with them the electronic weighing scale, sealing wax and other necessary articles. Ganja found in the bag carried by the appellant/accused was weighed on the weighing scale by P.W.No.4 Shekhar Gadekar, which was found to be weighing 2 kgs. 100 gms. Two samples each weighing 50 gms. were drawn from the said contraband. Those samples were sealed. Remaining ganja was also kept in the brown envelope and that envelope was also sealed. Necessary panchanama was prepared. Police party then returned to the police station along with appellant/accused as well as seized muddemal. At Police Station, Jaysingpur, P.W.No.1 Shahaji Bandgar ASI lodged a report which has resulted in registration of Crime No.1 of 2010 against the appellant/accused. After completion of routine investigation, such as recording of statements of witnesses, sending the seized muddemal for chemical analysis, the appellant/accused came to be charge-sheeted.

(b) Upon hearing the parties the learned Sessions Judge, Jaysingpur was pleased to frame charge for the offence punishable under Section 20 (b) (ii) of the N.D.P.S. Act. The charge so f