JUDGMENT :

D. Dash, J.

1. The appellant, by filing this appeal, has assailed the judgment of conviction and order of sentence dated 19.06.1992 passed by the learned Sessions Judge, Sambalpur in S.T. Case No. 158 of 1990.

The appellant has been convicted for offence under section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (for short, 'N.D.P.S. Act') for possessing 6 kgs of ganja and he has been sentenced to undergo rigorous imprisonment for three years and fine of Rs. 3,000/- in default to undergo rigorous imprisonment for six months.

2. Prosecution case, in brief, is that on 12.07.1990 the Sub Inspector of Excise (P.W. 4) and Assistant Sub Inspector of Excise (P.W. 1) were performing patrol duty at Dhutra. It was around 9.30 A.M. to 10.00 A.M. they found accused going over the railway crossing carrying a bag. At the sight of P.W. 1 and 4, when his movement was found to be suspicious, he started running. He was then chased by P.W. 4 and detained. Thereafter in presence of witnesses, P.W. 4 observing legal formalities, searched the bag carried by the accused. On search the bag was found to contain 6 kgs of ganja. Seizure of the ganja and other articles/were made and seiz