S.D. Gundewar. J. - This appeal under Section 374 of Criminal Procedure Code is directed against the judgment and order dated 7-9-1991 passed by the Additional Sessions Judge. Nagpur in Sessions Case No. 433/91, whereby he has convicted the appellant/accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act ("hereinafter referred to as the Act") and sentenced him to suffer rigorous imprisonment for ten years with a fine of Rupees One Lakh and in default of payment of fine to further undergo rigorous imprisonment for two years.

2. Briefly stated the facts of the prosecution case are that on 21-3-1991 at about 11.10 A.M. P.S.L Gangaram Sakharkar (PW. 3) then attached to the Crime Branch. Nagpur left the office of Crime Branch along with his staff and necessary material for conducting raids in case of receiving any information about the narcotic drugs. An entry to that effect was made in the station diary. On way when he happened to be infront of Mominpura Chowki; he received an information that one long faced slim person aged about 35 to 36 years. named Abdul Rashid possessed and was clandestinely making sale of Charas by standing infront of Kadari Sadi Ce