( 1 ) THIS appeal is directed against the Judgement dated 24. 06. 1993 in Excise Case No. 7 of 1993 on the file of I Additional Sessions Judge, Chittoor whereunder the appellant was convicted for the offence under Section 18 (c) read with Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter called as the Act ) and sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 3,000. 00 and in default to pay fine to suffer simple imprisonment for three months.

( 2 ) THE case of the prosecution as revealed from the evidence on record is as follows: i) P. W. 4 who worked previsouly as Excise Sub-Inspector, Chittoor, went on raids to Rasanapalli village onl 8. 12. 1992 along with P. W. 3 the Excise Head Constable and the panch witnesses P. Ws. 1 and 2. At about 5. 00 p. m. While there were at a distance of two furlongs southwest of Harijanawada near the Railway track, they noticed the appellant-accused coming towards Rasanapalli with a plastic bag,m. O. 1, in his hand. On seeing the excise staff, the appellant tried to run away. Hence, on suspicion, the appellant was detained and the contents of the plastic bag,