(1.) Challenge in the instant criminal appeal is the judgment and order dated 23.03.1999 passed by Special Additional Sessions Judge, Raebareli, in Criminal Case No.50 of 1997 - State vs. Ram Pratap Prajapati, whereby and whereunder the accused/appellant (Ram Pratap Prajapati) was found guilty under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ''NDPS Act'), and was sentenced to undergo rigorous imprisonment for a period of 1 year.
(2.) In a nutshell, the brief of the case is that on 09.10.1997 at about 13.30 when the accused/appellant was questioned and inquired about the material kept in his bag by the Police Authority at Raj Ghat Bridge, District Rai bareli, he did not reply the question satisfactorily and the bag was checked by the police party and found that there was a 400 gm "Ganja" for which the appellant has no licence or any permission. The matter was investigated and after investigation, the charge sheet was submitted against the accused appellant and after taking the cognizance, a charge under Section 8/20 of the NDPS Act was framed against the accused appellant to which he pleaded not guilty and claimed for trial.
(3.) In order to prove the prosecution case, PW-1 S.M. Zaidi, PW-2 Yogendra Kumar Singh, PW-3 Devendra Kumar Rai (Inspector) and PW-4 Lal Chand Singh, (S.I.) were examined.
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