Maheshwari, J.-- 1. This appeal under section 374(2) of the Code of Criminal Procedure (in short, be called as “Cr.P.C.”) has been filed arising out of the judgment dated 28.2.2006 passed by the Special Judge, NDPS Katni in Special Session Trial No.04/04 convicting the appellant for the charge under section 8/20(b)(ii)(B) and section 31 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as “NDPS Act”) and sentenced to undergo 15 years rigorous imprisonment alongwith fine of Rs.1,50,000/- and in default to suffer 2 years and 6 months rigorous imprisonment in addition.

2. As per prosecution allegation, on the date of incident i.e. 9.6.2002 at about 10:45 a.m., the Assistant Sub-Inspector Police, Station Bahoriband, District Katni Mr. K.K. Tripathi has received information from informant that the accused residing in the house of Kallu Barman as tenant is in possession of two packets of Cannabis Hemp (Ganja), if immediate step is not taken the contraband may be sold by him. After lodging the Rojnamcha Sanha, he immediately proceeded alongwith the Constable Shrikant Pathak and called the independent witnesses Pappu Yadav and Ajay from the bus stand Bah