A. PASAYAT, J.

( 1 ) ON the accusation of having committed an offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (in short Tthe Actt) appellant Gopal Reddy (hereinafter described as accused) faced trial. He was found guilty by learned First Additional Sessions Judge, Pun and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 5,000/- with default sentence of six months.

( 2 ) BACKGROUND facts as stated by prosecution are as follows. On 25. 11. 1992 while S. I. of Excise, Balugaon (p. W. 4) was performing patrol duty along with other members of staff near Balugaon Bazar, he got a secret information about a person carrying Ganja. He proceeded to Bus Stand and ultimately noticed accused on the road to the west of the Bus Stand with a carton over his head. Accused was detained and 5 Kilograms of Ganja kept in the said carton were recovered. After drawing necessary sample, the carton box was sealed. Similarly, sample packet was sealed and accused was produced before learned Judicial Magistrate, First Class, Banpur, along with the seized articles. In presence of learned Judicial Magistrate, sample packet was sent to Chemica