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 with ganja to his home village. K.P. Dwivedi (PW-1) prepared the informer punchnama vide Ex.-P/1 in the presence of two witnesses, he gave notice (Ex.-P/2 and Ex.-P/3) to panch witnesses Kalachand Rathiya (PW-3) and Pardesi Rathiya (PW-2) to remain present at the time of raid with police raiding party. K.P. Dwivedi (PW-1) gave radio message to SDO (P), Kharsiya for information and necessary action vide Ex.- P/4. Along with the panch witnesses and police party he reached to the Village Karrapali, he gave the appellant notice vide Ex.-P/6 and informed regarding the information received through the informer for illegal possession of ganja by the appellant and also intimated him regarding his legal right that he may be searched before any Gazetted Officer or Magistrate or if he wishes, search can be conducted by K.P. Dwivedi (PW-1). The appellant agreed that he wants to be searched by the said police officer. He gave his consent in the Ex.-P/6. Thereafter, K.P. Dwivedi (PW-1) and the witnesses and staff were searched by the appellant and nothing objectionable sub-stance noticed in the search. Talashi panchnama was prepared vide Ex.-P/7 and Ex-P/8. After the search of the Investigating Officer and panch witness and staff of the Police Station Tamnar, the Investigating Officer conducted search of the appellant. The appellant was having blue coloured zipped bag in which ganja like substance about 1 kg. was recovered. The search panchnama of the appellant was prepared vide Ex.-P/9. Ganja like substance was physically examined by the investigating Officer and the witnesses. They confirmed the presence of ganja positive upon physical examination vide Ex.-P/10. After search of the appellant and before taking weight of substance ganja so recovered again the Investigating Officer, his staff and witnesses were searched by the appellant, nothing objectionable substance was found. Search panchnama was prepared vide Ex.-P/11. The panchnama for weighing apparatus ¼rjktw½ and measurement was prepared vide Ex.-P/5. The weighing instrument and measurement were found to be correct. Ganja so recovered from the appellant with the bag which he was carrying along with him was weighed and found 1 kg. The weighment panchnama of ganja was prepared vide Ex.-P/12. Samples were taken for 25-25 grams. They were sealed separately. The remaining ganja (950 grams) was sealed separately. Impression of the seal marked in the seizure memo, the seizure memo was prepared vide Ex.-P/13. The spot map was prepared by the Investigating Officer vide Ex.-P/14. The appellant was duly arrested vide arrest memo Ex.-P/15. Investigating Officer K.P. Dwivedi (PW-1) recorded the dehati nalishi at the spot vide Ex.-P/17. He along with the appellant, ganja so seized, after completion of the proceeding at