JUDGEMENT

This appeal has been preferred against the judgment dated 22.3.2006 delivered by Special Judge (NDPS Act), Sidhi, in Special Case No.19/2005 whereby the appellant was held guilty of the offence of Section 8 read with Section 20(b)(ii)(B) of NDPS Act (for short, "the Act") and was sentenced to one year rigorous imprisonment and fine of Rs.2,000/-. It was further directed that in case he failed to pay the fine, he shall undergo additional one month rigorous imprisonment.

2. Brief facts of the prosecution case which have led to the conviction of appellant are that on 6.4.2005 ASI Shri R. B. Singh was posted in Police Station, Bargawan, district Sidhi, where he received information from a mukhbir that the appellant, who was present on the railway station, was carrying "Ganja"

in his bag; ASI Shri R. B. Singh prepared a mukhbir soochna Panchnama; sent a copy of it to SDO(P), Singrauli; summoned the witnesses and proceeded for the spot along with police party; an entry in Rojnamcha Sanha was made thereof; appellant was found standing on the railway station; he was informed about the mukhbir soochna and was asked whether he would like to give his search to ASI Shri R. B. Singh