By Court:- The instant Criminal Appeal has been preferred against the judgment of conviction dated 24.05.2004 and order of sentence dated 25.05.2004, passed by learned Sessions Judge, Dhanbad, in Special Case No. 14 of 2001, whereby the sole appellant has been convicted for the offence committed and punishable under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substance Act , 1985 and has been awarded rigorous imprisonment for four years with a fine of Rs. 10,000/- and in default of payment of fine amount, to undergo simple imprisonment for three months.

2. The brief facts of the case is that on 08.07.2001, Sarvjit Narayan Jha, Sub-Inspector of Excise was returning from Baliapur. He got information from an unknown person that Sanjay Kumar Kushwaha (accused) is selling Ganja in his gumti situated in the east of Kalpana Talkies Cinema. On such information, the informant reached to the place of occurrence and found that shopkeeper Sanjay Kumar Kushwaha (appellant) was selling Ganja in his shop to a customer namely Satyendra Singh. The informant conducted a raid in the shop and seized some plastic