U.B. Saha, J.

1. The instant appeal is directed against the judgment and order dated 5.7.2003 passed by the learned Special Judge, West Tripura, Agartala in Case No. SPI. 41 of 1998 convicting the Appellant under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short hereinafter referred to as 'NDPS Act') and sentencing him to suffer R.I. for six months and to pay a fine of Rs. 500/- in default to suffer R.I. for fifteen days.

2. Heard Mr. Somik Deb, learned Counsel appearing for the Appellant as well as Mr. D. Sarkar, learned P.P. appearing for the Respondent State.

3. The case of the prosecution based on which the Appellant was convicted is as follows:

On 9.12.1998 at about 12.05 hours on receipt of an information, inter alia, that ganja plants have been cultivated in contravention of the Act in a plot of land belonged to the Appellant, one Sub-Inspector of police, namely, Sukumar Roy, accompanied with Additional S.P. (Ops) South, Officer Incharge, R.K. Pur P.S. and staff went to the spot to verify the information and after reaching to the spot, they found that some cannabis plants have been cultivated in a tilla land at Barbhuiya and the said