JUDGMENT :

Sanjay Kumar Jaiswal, J.

1. This criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 05.01.2006 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985, Durg, Chhattisgarh in NDPS Special Case No.06 of 2005, whereby the appellant has been convicted for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”) and sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,00,000/-, in default of payment of fine, additional rigorous imprisonment for 3 years.

2. The allegation against the appellant is that, on 06.02.2005, at about 2:00 PM, at village Mohgaon within the ambit of Police Station Saja, appellant was illegally possessing 181 Kgs. of Ganja in commercial quantity without valid license, in his garden.

3. The case of the prosecution, in brief, is that, on 06.02.2005, S.K. Dubey (PW-13), In-charge of Saja Police Station, District Durg, received an information