The appellant herein stands convicted for the offence punishable under Section 22 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act") and is sentenced to suffer R.I. for a period often years and to pay fine of Rs.1 lakh in default S.I. for six months in NDPS Special Case No.116 of 2007 by the Special Judge under NDPS Act for Greater Mumbai, Vide Judgment and order dated 24th December, 2009. Being aggrieved by the said judgment and order, the original accused No. 1 (hereinafter referred to as "the appellant") has filed the present appeal.

2. Such of the facts, which are necessary for the decision of this appeal, are as follows :

In the intervening night of 5.1.2007 and 6.1.2007, PI Raut working as Senior Police Inspector in Shivaji Nagar Police Station was on a combing operation along with the other police personnel. At about 1.45 a.m. her patrolling party came near Madina Masjid. They saw light in one of the huts which was covered with polythene sheet and it was having wooden door. Senior PI Nimhan saw one person in suspicius condition in that hut. He, therefore, summoned two panchas to act as witnesses. The patrolling party then decided to take search of the hut in the presence of both panchas. They enquired with the occupant of the hut. He disclosed the name as Mohd. Gulam Shaikh @ Nana. The police personnel noticed three large trunks in the said hut and one polythene bag. The blue coloured polythene bag was containing tablets. PI Nimhan suspected that it was a contraband covered under the NDPS Act and, therefore, sent PSI Chaskar to the Police Station for bringing the testing kit, weighing machine and other material required for preparing samples.

(b) PI Nimhan then apprised the said person of his right to be searched in presence of a Gazetted officer or Magistrate, the said offer was denied. The police officer then seized the bag containing ash colour tablets. On one side of the tablet letter 'M' was engraved and on the other side' *'. The tablets were weighing about 10 kgs. PI Nimhan, after testing one tablet, had realized that the tablets were mandrax tablets. PI Nimhan then opened the three trunks one after another. In the first trunk, he found similar tablets weighing about 28 kgs. in the second trunk 26 kgs of similar tablets were found and the third trunk was containing 26 kgs. of similar tablets. PI Nimhan had then drawn the samples from each trunk weighing about 100 gms and had sealed them. After seizure. PI Nimhan had asked the accused to put his identification mark or signature on the sealed articles. However, the accused refused to oblige the officer.

(c) PI Nimhan had affixed seal on the forwarding letter for sending the samples for chemical analysis. Thereafter, along with the staff, the seized articles, accused Gulam and PI Nimhan returned to Shivaji Nagar Police Station. API Hankare had lodged the report of the said incident of seizure of contraband and on the basis of the said report, PI Raut had registered the crime against the accused persons. PI Raut then submitted a report of the incident to ACP and DCP as contemplated under Section 42 of the NDPS Act. PI Raut had prepared a deposit memo and deposited the seized articles with Senior PI of the Police Station. He had then instructed Police Constable Mandale for collecting samples from the Senior PI of Police Station in order to carry the same to CA. Office. PC Mandale had carried the said packets to the C.A. It is alleged that while in custody, on 7.1.2007, the appellant had given a memorandum statement which led to the complicity of one Imtiyaz (since acquitted). It had transpired in the course of investigation that the tablets were given to the present appellant by Paul Raj through Imtiyaz. It is pertinent to note that the accused Paul Raj was discharged in the present case. After investigation, charge-sheet was filed on 3.4.2010. The case was committed to the said Court