Judgment

Nanavati, J.-The appellants in these two appeals were tried before the N.D.P.S. Court Mapusa in Special Crime Case No. 42 of 1992 for committing the offence punishable under Section 20(b)(ii) of the N.D.P.S. Act. The trial Court convicted both the accused and imposed a sentence of 15 years and ordered them to pay a fine of Rs. 2 lakhs each. The appellants then filed two separate appeals before the High Court. Their conviction was confirmed but the sentence was reduced to 10 years and the fine was reduced from Rs. 2 lakhs to Rs. 1 lakh each. They have filed separate appeals but as they arise out of the common judgment they were heard together and are disposed of by this common judgment.

2. Mr. Anil Shrivastava, learned counsel appearing for appellant Krishan Mohar Singh Dugal submitted that the only evidence against the appellant is the discovery stated to have been made by him of 7 gms. of charas. He submitted that the evidence clearly discloses that the police was already informed about the place where charas was concealed before the appellant had taken the police to that place and therefore no reliance could have been placed upon the recovery of charas. Having scrutinised