This Appeal is directed against appellant's conviction for the offence punishable under Section 20(1)(c) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentence of rigorous imprisonment for ten years with a fine of Rs.1,00,000/- or in default rigorous imprisonment for one year imposed upon the appellant by the learned Special Judge, NDPS cases in Greater Mumbai.

2. Facts which are material for deciding this Appeal are as under :-

On 28th February, 2003, Namboodri Prasannan Shankamarayanan, an intelligence officer working with the Narcotic Control Bureau (hereinafter referred to as NCB) gathered intelligence that the appellant was using a particular flat at Naigaon for storing heroin consignments and that the appellant had received a large consignments of heroin that day, for disposal whereof, the appellant was to visit the flat around 6:00 p.m. An intelligence note was, accordingly, prepared and submitted to the Assistant Director, who ordered Shri Namboodri to organize a team, to work out the information and report. Accordingly, a team of officers from NCB left for the location of flat of the appellant af