1. This appeal is directed against the judgment dated 7-8-2003, passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Rajnandgaon in Special Case No. 43/2003. By the impugned judgment, accused/ appellant Nasir Khan has been convicted under Section 20(b)(i) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 50,000/-, in default of payment of fine, to undergo rigorous imprisonment for 1 year.

2. Case of the prosecution, in brief, is as under:

On 26-2-2003, Sub-Inspector T. Khakha (PW-7) was posted in Police Station Kotwali, Rajnandgaon. On that date, he received secret information from the Mukhbir that the appellant had kept Ganja in plastic bag and was going to sale the same. On receipt of this secret information, he recorded secret information vide Ex. P-6 and transmitted the same to the City Superintendent of Police and thereafter, proceeded to the spot, i.e., Ganj Chowk. The appellant was found there with a plastic bag. The appellant was informed about his right under Section 50 of the Act, 1985 vide Ex. P-7 and the consent of the appellant regarding his search wa