1. Heard learned counsel for the appellant Mr. Mahesh Tewari assisted by Md. Sahabuddin, Advocates as well as learned counsel for the State, Mr. Pankaj Kumar, Additional Public Prosecutor assisted by Mr. Suraj Verma, Advocate.

2. The instant Criminal Appeal has been preferred against the judgment of conviction dated 17.12.2003 and order of sentence dated 19.12.2003 passed by the learned Special Judge-cum-Sessions Judge, (N.D.P.S. Act) Hazaribagh, in G. Case No.9 of 1998/T.R. No.6 of 2003, whereby. the sole appellant has been convicted for offence committed under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 3 years and also a fine of Rs. 10,000/- and in default of fine, he shall undergo further period of one year rigorous imprisonment.

3. The prosecution case is based upon prosecution report submitted by informant Pradip Kumar Sinha (P.W. 2) (Sub-Inspector, Excise). As per the prosecution report informant got a confidential information on 18.5.1998, that one Laldeo Mahto is selling contraband substances in his shop, situated at Village-Koiri Tola, near Kali Mandir, Chitarpur, P.S.-Ramgarh