PRAKASH CHANDRA JAISWAL, J.

1. Heard learned counsel for the appellant as well as learned APP for the State.

2. This appeal has been preferred against the judgment and order of conviction and sentence dated 21.12.2012 passed by the 1st Additional Sessions Judge-cum-Special Judge, Saharsa in Special Case No.13 of 2008, whereby the learned Trial Court convicted the accused Ranjan Kumar Sah under Section 20 (b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter in short referred to as the 'NDPS Act') and sentenced him to undergo R.I. for six months and also slapped him with fine of Rs. 5000/- and in case of default of payment of fine further to undergo R.I. for one month.

3. The factual matrix of the case is that Special Case No.13 of 2008 was instituted u/s. 20(b) of the NDPS Act by the personnel of the Excise Department with the case in succinct that on secret information personnel of the Excise Department raided the betel shop of the accused Ranjan Kumar Sah on 20.12.2008 located in refugee colony and recovered and seized 43 big pudia each containing 1 gram, 80 small pudia each containing gram, 15 cigarettes and open 150 gram ganja, total 233 g