Dilip Raosaheb Deshmukh, J.

1. This appeal is directed against the judgment dated 13-2-2004 delivered in Special Case No. 46/2003 by Shri R. S. Sharma, learned Sessions Judge, N.D.P.S. Act, Bastar, Headquarter at Jagdalpur whereby the appellant was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and was sentenced to R.I. for 4 years and a fine of Rs. 15.000/- and in default of payment of fine to undergo additional R.I. for 1 year.

2. Briefly stated the prosecution story is that on 17-10-2003 Sub-Inspector Arvind Dwivedi, Station House Officer of Police Station-Pharasgaon upon receiving secret information about the possession of illicit ganja by a person, reached Badedongar Triangle along with staff and witnesses and apprehended the appellant who was carrying a red and blue coloured regzine bag. After serving the appellant with a notice under Section 50 of the Act and also after obtaining the consent of the appellant to be searched by him, Sub-Inspector Arvind Dwivedi P.W. 5 searched the regzine bag carried by the appellant and found ganja like substance therein. The substance was weighed b