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 (hereinafter referred to as "the NDPS 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 NDPS Act according to the prosecution the raid was conducted at the house of the appellant and during search, brown sugar weighing 3 1/2 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 NDPS 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 Manohar 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 NDPS Act stands proved against the appellant, who has been sentenced to suff