Hon'ble Dinesh Kumar Singh-I,J.

1. This Criminal Appeal has been filed against judgment and order dated 13.12.1995 passed by Additional Sessions Judge, Varanasi in Criminal case No. 297 of 1991 (State of U.P. Vs. Guddu Kumar Gupta) whereby the accused appellant Guddu Kumar Gupta has been convicted and awarded punishment under Section 8/20 N.D.P.S. Act of 4 years R.I., fine of Rs. 10,000/- and in default of payment of fine, 6 months additional R.I.

2. In brief the facts of prosecution are that accused appellant Guddu Kumar was sitting in a bus with a bag in his hand and when his personal search was taken, 3 kg. Illegal 'ganja' was recovered from him for which he had no license to possess and the said recovered 'ganja' was tested on the spot in presence of the witnesses and was found to be 'ganja'. The search of the accused was made by Sri C.B. Singh in front of the witnesses. The witness of recovery was Sri R.S. Mishra (P.W.1), an officer of enforcement team, who was excise inspector of district Varanasi. Recovery memo (Exhibit Ka 1) which is on a prescribed proforma 'D-19 A' has been prepared by P.W.1. The signatures of the above officers with some others were obtained o