ARVIND SINGH CHANDEL, J. - (1.)The instant appeal has been preferred against the judgment dated 20.9.2010 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Durg in N.D.P.S. Special Case No.15 of 2008, whereby the Appellant has been convicted and sentenced as under:
Conviction Sentence Under Section 20(b)(ii)(C) Rigorous Imprisonment for of the Act 10 years and fine of Rs.1,00,000/- with default stipulation

(2.)Prosecution case, in brief, is that on 11.10.2008, T.C. Malakar (PW7), Sub-Inspector of Police Station Chhawni received a secret information that a person, namely, Avinash Ashtikar (the Appellant herein) is illegally transporting Ganja in his Indica Car bearing registration No.CG 13 C 0227 from Raipur to Supela, Bhilai. After recording the said information, two witnesses, namely, Salim Khan and Mohd. Nisar were informed about the secret information and Mukhbir Suchna Panchnama (Ex.P1) was prepared. In compliance of the provision contained in Section 42(2) of the Act, a written communication (Ex.P17) was sent to the higher officer, i.e., the City Superintendent of Police, Chhawni, Bhilai about the secret information. Ex.P17 was received by Abdul Afzal Khan (PW4), Reader of the office of C.S.P., Chhawni. Thereafter, Sub-Inspector T.C. Malakar (PW7) along with staff and witnesses went to the spot. It was seen that Indica Car bearing registration No.CG 13 C 0227 was coming from towards Raipur and the car was being driven by the Appellant. The car was stopped and after informing the Appellant about the Mukhbir Suchna, in compliance of the provision of Section 50 of the Act, he was given a notice (Ex.P2) for search. The Appellant gave his consent in writing in Ex.P2 itself for his search by Sub-Inspector T.C. Malakar (PW7). During search, 2 filled plastic manure bags and 1 electronic weighing machine were found kept in rear seat of the car. Search Panchnama (Ex.P4) was prepared. Both the bags and the weighing machine were seized vide Ex.P5. Identification of the seized substance was done which was found to be Ganja. Identification memo (Ex.P6) was prepared. Physical verification of the seized electronic weighing machine was done and its panchnama (Ex.P7) was prepared. On weighing of the Ganja recovered from the two bags, it was found to be total 26 Kgs. Samples of 50 Gms. each were taken out from said bags, i.e., total 2 samples were taken out and kept in 2 containers. Weighing Panchnama (Ex.P8) was prepared. The car, Ganja and samples were seized vide Ex.P9. The Appellant was arrested on the spot vide arrest memo (Ex.P11). After return to the police station, First Information Report (Ex.P20) was registered. All the seized articles including the 2 containers in which samples were kept were deposited in the Malkhana. Entry of the deposit in the Malkhana Register is Ex.P15. Acknowledgment (Ex.P16) of the deposit was obtained. The 2 samples of Ganja were sent to the Forensic Science Laboratory for examination vide Ex.P21. Acknowledgment given by the FSL is Ex.P22. FSL report is Ex.P25, which is positive. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. Charge was framed against him.
(3.)In support of its case, the prosecution examined as many as 7 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. One witness Rani Ashtikar, wife of the Appellant has been examined in defence.