JUDGMENT

Manindra Mohan Shrivastava, J.—This criminal appeal is directed against the judgment of conviction and order of sentence dated 29th May, 2000 passed by learned Special Judge (NDPS) in Special Case No.39/1999, by which the appellant has been found guilty for commission of offence under Section 20 (b) & 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as “the N.D.P.S Act”) and has been sentenced to undergo R.I. for 2 years under Section 20 (b) and R.I. for 10 years with a fine of Rs.1,00,000 under Section 22 of the NDPS Act and in default of payment of fine, additional R.I. for 3 years.

2. The case of the prosecution is that on 16.3.1999, an information was received by Bholanath Singh (PW5), A.S.I. of Police Station Ambikapur that the appellant is selling ganja and brown sugar in front of his house. The information was taken in writing under rojnamcha sanha No.1268 (Annexure P24). Vide Ex. P2, Bholanath Singh (PW5) recorded reasons for proceeding without obtaining search warrant and information to the City Superintendent of Police was sent vide Ex. P1 in compliance of mandatory provision contained in Section 42(2) of the NDPS Act. Therea