This appeal is directed against the judgment dated 25.2.97 passed by the learned Special Judge, Tinsukia in NDPS Case No.6 (T) of 1994 convicting the appellant under section 20 (B) (1) of the NDPS Act, 1985 and sentencing him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.2,000 in default, to undergo rigorous imprisonment for one year.

2. The appellant being highly aggrieved by the aforesaid judgment of conviction and sentence has preferred this appeal controverting the legality and validity of the judgment on various grounds. Shri Saha, learned counsel for the appellant, during the course of argument assailed the decision on the ground that the ingredients of offence under section 20 (B) (1) of the Act are lacking in the instant case inasmuch as there is no evidence to show that 'Ganja' was seized from the possession of the appellant. Besides, it has been argued that the learned Special Judge has failed to consider the evidence of the witnesses in proper perspective and also did not consider the validity of the investigation done by an officer not empowered under the Act to investigate an offence under the NDPS Act. In addition, the learned counsel also raised

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