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.

3. On the basis of the statement of the informant, Special Case No. 14 of 2001 was registered. The accused was disclosed about his rights to get his statement recorded by the Magistrate but the accused/appellant has denied to do so. The defence of the accused is complete denial of recovery of Ganja from the gumti belonging to the accused.

5. The prosecution, to prove its case, has examined altogether five witnesses and also exhibited a number of documents up to Exhibit- 4, in support of its case. Raju Singh, seizure witness, has been examined as