Manindra Mohan Shrivastava, J.

1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 20 November, 1995 passed by learned Special Judge being the Sessions Judge, Bilaspur in Special Case No. 186/1994, by which the Appellant has been found guilty for commission of offence under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") and has been sentenced to undergo R.I. for 2 years and fine of Rs. 2,000/-, in default of payment of fine additional R.I. for 6 months.

2. The case of the prosecution is that on 11.10.1994, an information was received by Inspector R.K. Rai regarding arrival of contraband ganja in village Sambalpuri and on receipt of such information, head constable Lallan Singh and constable -Kumar were sent for enquiry. The said information was recorded in Rojnamcha Sanha at Sr. No. 307. Thereafter, on 12.10.1994, Head Constable Lallan Singh telephonically informed to the Inspector R.K.Rai in the police station that ganja is in transit and likely to arrive, whereafter the Inspector, Investigating Officer in the present case proceeded for the scene of o