1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 11.04.2008, passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), Durg, Chhattisgarh, in special case No.18/07, whereby and whereunder the learned Special Judge after holding the accused / appellant guilty for illegal possession of Ganja, the cannabis 39KG, convicted him under S.20(b)(ii)(C) of the NDPS Act and sentenced him to undergo R.I. for ten years and also to pay fine of Rs.1.00 Lakh, in default of payment of fine to further undergo additional R.I. for six months.

2. The conviction is impugned on the ground that without there being any iota of evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. As per the case of the prosecution, on 02.11.2007, the SHO Kumhari, Virendra Chaturvedi (PW - 7) received an information by the informer that the appellant / accused has kept Ganja illegally on the roof of his house, the Investigating Officer (I.O.) had lodged this information in rojnamchasanha, prepared the Panchnama, requisite the witnesses for enquiry prepared