1. Heard the learned Counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of Respondent No. 1 – Union of India at length.

2. Appellant is challenging the judgment and order of the Trial Court whereby the Trial Court was pleased to convict him for the offence punishable under section 21(b) read with section 8(c) of the NDPS Act and he was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs 20,000/- and, in default of payment of fine, to suffer further rigorous imprisonment for six months.

3. Appellant is the original accused No.2. Prosecution case is that an information was received by the Investigating Officer P.W. 1 – Sanjay Poojari on 25/3/2006 that two persons were going to come near the Rassaz Multiplex, Mira Road and one Kwajo Oduro was going to sell 20 Gms of cocaine to the appellant. The said information was reduced in writing. Thereafter, two panchas were called and the raiding party went to the spot alongwith panchas and after the accused No.1 had given cocaine to the appellant herein, they were intercepted and their personal search was carried out near the Qualis vehcile of the raiding party. Pr