ORDER :

1. This appeal is filed against the judgment and order dated 13.8.1997 passed by the High Court of Madhya Pradesh Bench at Indore in Criminal Appeal No. 212. of 1996 whereby the High Court has confirmed the judgment and order dated 30.11.1995 passed by the Addl. Sessions Judge, Jaora in Sessions Trial No. 251/1991 convicting the appellant under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) and sentenced him to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- and in default in the payment of fine, further rigorous imprisonment of 3 years.

2. It is the prosecution case that on receipt of the information that two persons were standing near Circuit House Junction on Mhow-Neemuch road which was recorded in Rojnamcha (Daily Diary) Ex.P.7, Sub-Inspector, Raj Kumar Singh (PW-3) along with Panchas and police force went there and searched two persons who were standing there. One of them was the appellant and another Shakil Ahmed. Shakil Ahmed absconded and, therefore, his trial was separated.

3. Further it is also the prosecution case that from the person of the appellant 500 gm. of smack was recov