RAJENDRA SAXENA, J.

( 1 ) THIS appeal has been directed against the judgement dated 16-7-94 passed by the learned Special Judge, N. D. P. S. Act Cases cum Addl. Sessions Judge, Ratangarh, whereby he convicted the appellant for the offence under S. 8/20 (b) (i) of the N. D. P. S. Act, 1985, in short, the Act and sentenced him to undergo rigorous imprisonment for five years a fine of Rs. 50,000/- and in default to further undergo rigorous imprisonment for one year.

( 2 ) IN nutshell, the relevant facts are that on 11-1-1992 at 1. 45 p. m. PW 6 Balwant Rai SHO, PS, Sujangarh, while he was on patrolling duty in Naya Bazar, Sujangarh, received a source information to the effect that appellant Deep Chand Bajaj had ganja in his possession, which he wanted to sell and that he had just then gone towards the Railway Station through the southern street having a plastic bag. The said S. H. O. recorded the source information vide memo Ex. P. 9. Two motbirs namely PW 1 Ram Singh and PW 2 Hari Ram were intimated about the source information vide memo Ex. P. 1 and Ex. P. 5 respectively and their signatures were procured thereon. Balwant Rai along with the said motbir stand members of the