JUDGMENT - S.S. PARKAR, J.:---The appellant convicted under section 21 of the N.D.P.S. Act and sentenced to R.I. for 10 years and to pay a fine of Rs. 1 lac in default to suffer R.I. for two years has filed this appeal challenging the order of conviction and sentence recorded against him by the Special Court, Pune under the N.D.P.S. Act by the judgment and order dated 15-7-1998 in N.D.P.S. Sessions Case No. 10 of 1996.

2. Briefly stated the prosecution case is as follows:---

On 27-12-1995 A.P.I. Konde, attached to Vigilance Department at Pune, received information at about 2.15 p.m. that a person by name Basavraj alias Bablu Yellappa Pujari was selling gard powder in Laxminagar, Yeravada. After receiving information he made entry in the information register, scribed it on one paper and placed it before the Superior Officer and obtained permission to conduct raid. Two panchas were called and they were apprised of the information. The police party, which included A.P.I. Konde (P.W. 3), P.I. Jadhav and panchas, had gone to the said place carrying with them kit box and chemical box required for the purpose of raid in a jeep. The raiding party got down from the jeep on the back side of

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