K.J. THAKER, J.

1. The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 7.9.2007 passed by the learned Special Judge, Fast Track Court No. 2, Vadodara in N.D.P.S. Case No. 6/2006, whereby, the learned Judge has convicted the appellant under sec.8(C) of NDPS Act and sentenced to undergo R/I for 12 years and to pay a fine of Rs. 1,00,000/-in default, to undergo further imprisonment of one year. which is impugned in this appeal.

2.1 The brief facts of the prosecution case is that accused no. 2 had ordered for ‘Ganja’ on mobile phone to accused no. 1 and accused no. 1 had obtained ‘ganja’ from one Ramkishan Sitaram Sharma, resident of village Pirpaity, the appellant had boarded the train and came to Vadodara railway station and was sitting on the bench near “sulabh sauchalaya” on platform no. 1, on 4.4.2006, at about 10.55 O’clock. The Vadodara Railway Police cordoned the appellant on platform no.1. On the basis of the information which they have received, the Police Inspector, LCB, Vadodara arranged for raid and the raid was carried out. In the raid, 20kg and 760 gra