JUDGMENT :

Sanjay S. Agrawal, J.

1. This appeal has been preferred by the accused under Section 374 (2) of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment of conviction and order of sentence dated 29.07.2021 passed by the Special Judge (N.D.P.S. Act) Mahasamund, District-Mahasamund in Special Session Criminal (N.D.P.S. Act) Case No.H-35/2017, whereby the appellant has been convicted for the offense punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the “N.D.P.S. Act”) and sentenced him to rigorous imprisonment for 12 years and fine amount of Rs.1,00,000/-, and in default of payment of fine amount has to go for additional rigorous imprisonment for 1 year.

2. Briefly stated the facts of the case are that on 07.09.2017, the Assistant Sub-Inspector of Crime Branch, Mahasamund, namely, Nawdharam Khandekar has gone to Patewa-Pithoura along with staff members for searching the vehicles and during the search proceedings, a white ‘Tavera Car’ bearing registration no. MP-19-CT-2605, driven by the appellant-Murtuja Ali, came from Pithoura to Patewa and upon search of the sa