( 1 ) THIS appeal is directed against the judgment dated 16/8/2005 delivered by Srnt. Maitrae Mathur, Special judge, Raipur in Special Criminal Case No. 41/2002 whereby the appellant was convicted u/s. 20 (b) (i) of the Narcotic Drugs and psychotropic Substances Act 1985 (hereinafter referred to as the 'act') and was sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs. 25,000. 00 and in default of payment of fine to undergo rigorous imprisonment for 6 months.

( 2 ) BRIEFLY stated the prosecution story is that on 6-4-2002, the Asstt. Sub-Inspector, district Crimes Squad, Dhamtari Shri Ashok dwivedi P. W. 3 received secret information that two persons, in unauthorized possession of ganja were going towards Makeshwar ward. After completion of necessary legal formalities, he reached the Makeshwar Ward along with witnesses Chabila P. W. 1, santosh P. W. 2 and police staff. Near the public utility in Makeshwar Ward, the appellant who was carrying a white plastic bag in his hand was apprehended. After serving the appellant with a notice under Section 50 of the Act, the bag in possession of the appellant was searched. It was found to contain Ganja like substance. Upon w

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