JUDGMENT - CHITRE J.G., J.:---The appellant has been convicted by the Special Judge for Greater Mumbai for the offence punishable under section 21 of Narcotic Drug and Psychotropic Substances Act, 1985 (hereinafter referred to as Act for convenience) and has been sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. one lacs in default to undergo further rigorous imprisonment for 6 months. The prosecution case in brief is that on 30th of March, 1996 at about 3 p.m. P.I. Tawade received an information, which disclosed that a African person aged about 22 to 23 years, slim, having injury mark on the right side eye brow and wearing blue colored jeans pant and blue colored printed shirt, was to arrive at Lona Bhavan, P.D Mellow Road, Mumbai between 5.30 and 6 p.m. for dealing with brown sugar. He reduced that information into writing, despatched the copy of it to his superior and disclosed that information to his colleagues including P.W. Hari Ikke. He sent a constable for calling the panch witnesses and when panch witnesses came, he disclosed that information to them. A pre trap panchanama was drawn and by taking seals, wax, typewriter, the party proceeded near Loha Bhuvan, probably by vehicle. The raiding party ambushed for arrival of said African person. When he came, and his identity was ascertained, he was apprehended by P.I. Tawade and P.I. Tawade disclosed his information as he had received the information, that the said person was dealing with narcotic drug. On being questioned, the said person disclosed his name as Hatibu Mungia Khamishi. In initial interrogation he informed P.I. Tawade and the members of raiding party that he was knowing bit of English ("little little of English" as taken down by the learned trial Judge). As per prosecution case, P.I. Tawade informed him about his right in view of provisions of section 50 of the Act and thereafter a leather bag which was hanging on his shoulder was searched. A passport with his photograph was found in it. Thereafter, the members of the raiding party decided to search his person and the packets of the jeans pants which he was wearing. When the packet of the pants was searched, a polythene bag was found. When it was opened, brownish powder was found. It was tested by the sample test kit and it was disclosed that it was narcotic drug. A sample for chemical examination containing 5 gms. of the said powder was seized in presence of panch witnesses by drawing a panchanama. It was sealed with wax and other seals. The appellant was taken in custody and thereafter P.I. Tawade lodged his F.I.R. in nearest Police Station. The sample packet and remaining packets were handed over in possession of P.W. Sangle, which were to be kept in the custody of P.I. Rede. On 2-4-1996 the said sample packet was sent to F.S.L. for chemical examination. The report of the chemical examination disclosed that it was containing diacetyl morphine a narcotic drug. The charge-sheet was filed and the appellant was put to trial.

2. In the trial, prosecution examined P.I. Hari Ikke P.W. 1, Kamalakar Sarang P.W. 2, P.S.I. Sampat Sangle P.W. 3, and Satish Nair P.W. 4. The appellant set up his defence of denial and contended that he was falsely implicated in this case. The learned trial Judge accepted the prosecution case and concluded that the prosecution had proved it beyond reasonable doubt that the appellant had committed crime for which he was charged. Thus, he passed the order of conviction and sentence which is the subject- matter of the challenge in this appeal.

3. Shri Tiwari, Counsel appearing for the appellant, submitted that there is no compliance of section 50 of the Act in this case, in true sense as it has been indicated by the judgment of the Court in (K. Mohanan v. State of Kerala)1, reported in 2000 Supreme Court Cases(Cri.) 1228. He submitted that without giving an opportunity to appellant to think over the alleged offer in context with section 50 of the Act P.I. Tawad

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