JUDGMENT

Maninder Mohan Shrivastava, J. —This appeal is directed against judgment of conviction and order of sentence dated 10.7.1997 passed by the Additional Sessions Judge, Mahasamund in Special Criminal Case No.17/1996 whereby appellant has been held guilty of commission of offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”) and sentenced to undergo R.I. for two years with a fine of Rs.2,000, in default, additional simple imprisonment for three months.

2. Case of the prosecution is that upon receiving information on 4.10.1995 that the appellant is engaged in cultivating ganja and selling from his own house in village Aamgaon, information was recorded in writing and the Investigating Officer along with his team proceeded to the scene of occurrence, where in presence of panch witnesses, enquiry was made and ganja trees alleged to be cultivated in the Kitchen Garden of the appellant were seized. 190 Grams of ganja was also seized from the house of the appellant. Proceedings of search and seizure were drawn and after recovery of ganja, followed by seizure, dehati nalishi was recorded and appellant was arre