Chandra Bhushan Bajpai, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 26-2-2002 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), District Raigarh in Special Criminal Case No. 14/2001 whereby and whereunder, the learned Special Judge under the NDPS Act after holding the appellant guilty for illicit possession of 1 kg. ganja, convicted the appellant under Section 20(b)(i) of the NDPS Act and sentenced him to undergo rigorous imprisonment for 5 months and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo rigorous imprisonment for one month. Conviction is impugned on the ground that without there being any iota of evidence, court below has convicted and sentenced the appellant as aforesaid mentioned and thereby committed illegality.

2. As per case of the prosecution, on 7-10-2001 at about 8.50 p.m., K.P. Dwivedi (PW-1), SHO, Police Station Tamnar, District Raigarh, received information from informant that at Village Karrapali, Police Station Tamnar, the appellant is engaged in illegal transportation of ganja and he is rehiring from Orissa wi