JUDGMENT - M.S. DESHPANDE, J.:--- This is an appeal by the accused who was convicted under section 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default to suffer rigorous imprisonment for two years.

2. The incident on the basis of which the appellant came to be tried occurred on June 4, 1989. At about 4.10 p.m. P.S.I. Khodke of Ambazari Police Station of Nagpur, received information that the appellant was in possession of brown sugar and used to sell on plot No. 269, Abhyankar Nagar, Nagpur. After receiving this information, he called two panchas and told them and Shri Thakre. Assistant Commissioner of Police, Sitabuldi Zone and proceeded to the spot where he found the appellant. After offering their search to him, the appellant was searched and was found to be in possession of 65 small packets covered with plastic bag in the left pocket of his full-pant and an amount of Rs. 30/- in his right pocket. Finding that the packets contained white powder, 5 packets were separated as a sample and put in a separate cover while 60 packets were wrapped separately and both

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