JUDGMENT - I.G. SHAH, J.:---The accused who has been convicted of the offence punishable under section 20(b)(ii) of the Narcotic Drugs and Psycohotropic Substances Act, 1985 and is sentenced to R.I for 10 years and a fine of Rs. 1,00,000/-, in default further R.I. for 2 years in Sessions Case No. 576/87 on the file of the Sessions Judge, Thane, has preferred this appeal.

2. Briefly stated the facts giving rise to this appeal are as under:---

Accused Usman is a resident of Bhiwandi. P.S.I. Jadhav, Head Constable Kasurde Head Constable Pathan and Constable Gaikwad of Bhoiwada Police Station, Bhiwandi were attached to the Divisional Detection Branch, Bhiwandi in September, 1987. On 23-9-1987 they were on patrolling duty after about 5.00 p m. and while they were patrolling and when they reached near a hotel by name Tohfa on Kalyan Road at about 6.45 p.m. an informant approached them and gave them information that the accused was selling charas tablets in front of Apsara Talkies find that he was sitting on a parapet wall of a well. The police. Therefore, called two panchas and proceeded along with the panchas and the informant towards the reported scene of offence and the informant poin

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