1. Feeling aggrieved by the judgment of conviction and order of sentence dated 11th October, 2004 passed by the Special Judge, Vidisha in Special Criminal Case No.51/2004 (State of M.P. v. Jaheed Khan) convicting the appellant / accused under S.20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced him to suffer ten years rigorous imprisonment with fine of Rs.10,000/-, in default additional rigorous imprisonment for one year, the appellant has preferred this appeal, under S.374 of the Code of

2. The background facts of the case, in brief, are that Town Inspector, A.K. Dubey, Officer - in - Charge, Police Station, Kotwali, Vidisha (P.W.4) received on telephone a secret information on 16.04.2004 at 21.45 pm that the accused, Jahed Khan resident of Baksariya used to sell ganja. He by carrying ganja going to his residence at Baksariya. On receipt of such information, A.K. Dubey, Officer - in - Charge called two independent witnesses, Mohan Babu Sharma (P.W.2) and Dinesh (P.W.3) who were just passing through Police Station and informed them about the secret information and prepared necessary panchnama (Exhibit P -