1. This criminal appeal is preferred under Section 374 of the Code of Criminal Procedure , 1973 by the appellant being aggrieved and dissatisfied with the judgment and order dated 16.11.2009 and 17.11.2009 passed by the learned Judge, Special Court, under NDPS Act, Howrah, whereby this appellant has been convicted for offence punishable under Section 20 (b)(ii)B of the NDPS Act, (hereinafter referred to as the ‘Act’) and sentenced to undergo one year rigorous imprisonment with fine of Rs. 10000/- along with default stipulation.

2. The case of the prosecution in nutshell is that:

“Police received a telephonic information that a person was carrying ganja in a polythene packet and standing near 64, N.S. Road, P.S. Howrah to deliver the same to other person and after diarising the information being Howrah P.S. G.D.E. No. 1284 dated 14.06.2005 and after having informed the O.C., Howrah Police Station and as per the direction of the O.C., the de-facto complainant along with other police personnel left the police station to work out the information by Vehicle No. WB-12A-6310 along with the investigation box and Government supplied weighing machine and weight. At about 22.20 hrs. they reach