J.G. CHITRE, J.:---Heard, at length with reference to evidence on record and the judgments referred to during the course of the arguments.

2. The appellant is hereby assailing the correctness, propriety and legality of the judgment and order passed by Additional Sessions Judge, Greater Mumbai in N.D.P.S. Special Case No. 106 of 1997 wherein the appellant has been convicted for offences punishable under provisions of section 21 read with section 8(c) and section 28 read with section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "N.D.P.S. Act" for convenience). The appellant has been sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1,00,000/-, in default to undergo further R.I. for six months for the offence punishable under the provisions of section 21 read with section 8(c) of N.D.P.S. Act. He has been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/-, in default, to undergo further R.I. for six months for the offence punishable under section 28 read with section 23 of N.D.P.S. Act.

3. The prosecution case in brief is that in the night between 11th and 12th of December, 1996 Superintendent of