(1.) This appeal is preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 against judgment dtd. 31/10/2014 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act 1985'), Raipur (C.G.) in Special Criminal Case No. 240/2014, wherein the said court convicted the appellant for commission of offence under Sec. 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and fine of Rs.1,00,000.00 with default stipulations.
(2.) As per case of the prosecution, on 12/1/2014, Police Officer- Shankar Chandrakar, In-charge of Government Railway Police, Raipur received information that two persons carrying contraband article ganja are traveling in train Ahmedabad Express. On the basis of said information, the Police Officer with other staff reached to the spot and recovered ganja to the tune of 38 Kg. from the appellant. After complying with all the legal formalities, the matter was investigated, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.
(3.) Learned counsel for the appellant submits as under:-