Jason Shetliffe (36), of Grove Street, launched an appeal after being locked up for six years at Derby Crown Court last May.

But he was told today by top judges at London's Criminal Appeal Court that the jury's verdict would stand and he will have to complete his sentence.

Shetliffe was arrested after police stopped a man riding a bike in Park Street, Mansfield Woodhouse, and found him carrying 0.14g of crack cocaine on 27th July 2006.

A police officer watching Shetliffe's home had earlier spotted the cyclist at the window of the property exchanging a small item with him.

The man was called to give evidence at the trial and said he had not bought the drugs from Shetliffe, but simply delivered a bottle of methadone through the window.

Following this piece of evidence at the trial, Shetliffe's barrister asked the judge to halt the case on the grounds that the prosecution should not be able to contradict its own witness and there was no case for Shetliffe to answer.

Refused

But the trial judge refused the submission, the jury was left to make up its own mind and Shetliffe was convicted.

On Thursday his barrister, Errol Ballentyne, argued that the judge had been wrong to refuse to stop the trial.

But dismissing the appeal, Mr Justice Hedley said there was enough evidence to put before the jury.

"It is perfectly true that the buyer did not at any stage say he was buying it from Shetliffe.

"But the fact of the matter was that the jury was entitled to consider that it would have been a considerable coincidence if the buyer had gone first to one address, tapped on the window and obtained drugs, and then done precisely the same thing on the second occasion but not obtained drugs.

"The whole of the second incident was seen by the police constable. His evidence was he had seen something handed by Shetliffe."