1. Appellant Kuleshwar was convicted under Section-20 (B) (ii) (B) of the Narcotics Drugs & Psychotropic Substances Act. 1985 (hereinafter referred to as the 'Act ofl985') and was sentenced to undergo rigorous imprisonment for 3 years & 6 months and also to fine of Rs. 1 5,000/- and in default of payment of fine to undergo additional rigorous imprisonment for 1 year by Shri R.S. Sharma, Special Judge (N.D.P.S. Act.), Bastar at Jagdalpur in Special Case Number-52/ 2003, vide judgment dated 27-02-2004.

2. Briefly stated the prosecution story is that on 27-11-2003 upon receiving secret information that the appellant and one Hemant were transporting contraband ganja on a motorcycle, Sub Inspector Arvind Kumar Dwivedi PW -I, Station House Officer, Pharasgaon after recording the said information proceeded to the spot with witnesses and intercepted the appellant Kuleshwar who was driving Hero Honda Motorcycle bearing Registration No.C.G.-05-8198. Another person Hemant who was the pillion rider, was carrying 4 K.G. & 500 Grams ganjain his lap. 5 K.G. contraband ganja was also tied down in the rear of the motorcycle. After completing the necessary legal formalities Sub Inspector Ar