Ashok Agarwal, J. - The Appellant, who has been convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. l,00,000/-in default to undergo further rigorous imprisonment for two years, has rued this appeal.

2. The accused was charged in the court of Additional Sessions Judge, Naisk in Sessions Case No. 88 of 1986 for having on the 27th of February 1986 at about 6.20 p.m. near Bhadrakali Taxi Stand close to the public urinal in Nasik city found in possession of heroin (Gard), a psychotropic substance of the value of Rs. 40/- which he was found selling to witness (P.W. 2) Gulam Gaus Jilani.

3. It was the case of the prosecution, in short, that P.S.I. Patil on receipt of information that the accused was selling brown sugar at the aforesaid place, arranged for a trip. Two panch witnesses P.W. 3, Rajendra Bhujbal and P.W. 4, Madhukar Bhagwat and the aforesaid punter P. W. 2, Jilani were called at the police station. The punter was given a currency note of Rs. 10/- for purchasing the brown sugar from the accused. A panchanama Exhibit 7 was drawn up by P.S.I. Patil in the presence of two panch witnesses in respect of handing over of the currency note to the punter and about giving him instructions to give a signal after the purchase of brown sugar from the accused.

4. Thereafter, the raiding party went near the Bhadrakali Taxi Stand. The punter P.W. 2, Jilani and panch witness P.W. 3, Bhujbal went towards the accused while the other members of the raiding party waited at some distance away near Shelar Hotel The punter thereafter purchased one small plastic bottle containing brown sugar from the accused on paying him Rs, 10/-, which was handed over for the purpose of the said purchase. Thereafter, the punter gave the signal. The rest of the raiding party rushed to the spot and accosted the accused. The search of the accused was taken in the presence of both the panchas witnesses and the punter. The accused was found in possession of four other small quarter bottles containing brown sugar. He was also found in possession of currency note which was given to the punter. The quarter bottle purchased by the punter was also seized from the punter along with the articles found on the person of the accused A panchanama. Exhibit 8 in regard to be aforesaid events was drawn up. The offence was registered against the accused vide Crime No. 167 of 1986. The Muddemal article, viz. the sample quarter bottles, were sent to the Chemical Analyser, Aurangabad through a carrier Police Constable P.W. 5, Sahebrao Shardul. On receipt of the report of the Chemical Analyser, the accused was prosecuted.

5. The accused pleaded not guilty. According to him, the real culprit had escaped and the Police had falsely implicated him out of suspicion.

6. At the trial the prosecution examined P.W. 1, Police Constable Shanker Keru Tambe, the complainant, who had lodged the First Information Report Exhibit 9. It examined the punter, P.W. 2 Gulam Gaus Jilani, the two panch witnesses P.W. 3, Rajendra Vishnupant Bhujbal and P.W. 4, Madhukar Trimbak Bhagwat. It also examined P.W. 5, Sahebrao Savliram Shardul, the carrier of the contraband to the Chemical Analyser. It finally examined P.W. 6, P.S.I. Ashok Bhikaji Patil, the investigating officer, who in turn, produced the report of the Chemical Analyser Exhibit 19, the memo regarding the marked currency note of Rs. 10/- handed over to the punter Exhibit 7 and the panchanama regarding the seizure of the contraband and the arrest of the accused Exhibit 8.

7. The aforesaid prosecution evidence having found favour with the learned III Additional Sessions Judge, Nasik, he proceeded to record the aforesaid impugned order of conviction and sentence. Being aggrieved thereby, the accused has preferred the present appeal.

8. Mr. Miranda, the learned Advocate appearing in support of the appeal, submitted that