R.S. Garg, J.

1. The appellant being aggrieved by the judgment dated 29-2-200 passed in Special Case No. 86/99 by the learned Special Judge (NDPS) Raipur, convicting the appellant under Section 20(b) of the N.D.P.S. Act read with Section 8 of the said Act and sentencing him to undergo R.I. for two years and to pay fine of Rs. 2000/-, in default of payment of fine to further undergo R.I. for two months, has filed this appeal.

2. The prosecution case in brief is that on 11-9-99 Head Constable B.L. Sahu (P.W. 3) of Police Station Saraipali was on patrol for checking certain vehicles etc. At about 4.30 A.M. on 12-9-99 while seeing an on-coming bus No. O.R. 05/1765 the said head constable stopped the bus. Finding that the present appellant was sitting on the back seat and was engaged in suspicious activities, the said head constable issued him a notice under Section 50 of the N.D.P.S. Act and after taking the consent of the said person (accused) took his search. In the said search about 6 kgs. of Ganja was recovered from the possession of the appellant. The said contraband was weighed on the spot and was thereafter seized by the said head constable. The accused so also the contrab