JUDGMENT :

Gautam Chourdiya, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 22.12.2020, passed by the Special Judge (NDPS Act), Raigarh (CG) in Special Criminal Case under the NDPS Act No. 17 of 2018, whereby and whereunder the appellant has been convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances, 1985 (for short the NDPS Act) and sentenced to undergo R.I. for 6 months and to pay fine of Rs. 2,000/-, in default of payment of fine to further undergo R.I. for 4 months.

2. Brief facts of the case are that on 21.7.2018, Asst. Sub-Inspector, Police Station, Kotraroad, District Raigarh D.P. Bhardwaj (PW 9), received secret information that the appellant had brought Ganja to sell and kept it in the Almirah of her bedroom. The information was reduced into writing in Rojnamcha Sanha vide Ex. P22 and thereafter he sent Constable- Khirendra Jaltare (PW 8) with notice to call for the independent witnesses under Section 160 of the Cr.P.C. which was also reduced into writing in Rojnamcha Sanha vide Ex. P23. Witnesses Kamlesh Kumar Singh (PW 3) and Amrender Kumar Singh (PW 4) were given the said notice.

2.1. The said witnesse