Heard learned counsel for the appellant, Mr. Sarju Prasad assisted by Mr. Atmaram Choudhary, Advocates as well as learned counsel for the State, Mr. Pankaj Kumar, learned Additional Public Prosecutor.

2. The instant Criminal Appeal has been preferred against the judgment of conviction dated 27.02.2004 and order of sentence dated 05.03.2004 passed by the learned 1st Additional Sessions Judge, Bokaro, in N.D.P.S. Case No.01 of 1999, whereby the sole appellant has been convicted for offence committed and punishable under Section 20 (b) (i) read with section 8 of the Narcotic Drugs and Psychotropic Substance Act (N.D.P.S. Act) 1985 and awarded sentence of rigorous imprisonment for a period of two years and also a fine of Rs.10,000/- and in default of payment of fine to undergo further simple imprisonment for a period of six months.

3. The prosecution case is based upon prosecution report submitted in a proforma under Section 78(4) of the Act before the Magistrate, which has been proved and marked as exhibit-4 in the present case, stating therein that on secret information, informant Ramadhar Sharma (P.W.3), Sub-Inspector of Excise, Chas Circle along with other excise officials