JUDGEMENT

This appeal has been preferred to challenge the judgment of conviction and sentence passed under Section 8 read with Section 20(a)(i) of NDPS Act by Special Judge (NDPS Act), Jabalpur, in Special Case No.24/2003 on 23.1.2006. The appellant was sentenced for it to undergo rigorous imprisonment of one year and fine amount of Rs.1,000/- and further rigorous imprisonment of one month, in case of non-payment of fine.

2. Brief facts of the prosecution case are that an information was received on 24.5.2003 by Chowki Prabhari, Rampur, Police Station, Gorakhpur, that appellant was cultivating "Ganja" in the courtyard of his house located in Jogni Nagar, Chhui Khadan; he recorded the information in Rojnamcha Sanha, summoned the independent witnesses and proceeded for spot along with witnesses and the police party; on arrival at the house of appellant, he was informed about mukhbir soochna; his consent was taken for search; the police party first gave its search to the appellant and then searched his house in which a five feet high plant of cannibus was found; it was uprooted and weighed; the samples of leaves and stem were taken; the samples as well as the plant were seized and th