The appellant herein stands convicted for offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the N.D.P.S. Act) and is sentenced to undergo R.I. for 10 years and to pay tine of Rs. 50000/- i.d. to suffer R.I for 6 months in Sessions Case No.107 of 2006 by Ad-hoc District Judge and Additional Sessions Judge, Solapur vide Judgment and Order dated 11/4/2007. Hence, this appeal.

2. Such of the facts which are necessary for the decision of the appeal are as under:

On 12th• March, 2005 P.S.I. Manoj kumar Yadav who was working as the Chief of the Detection Branch attached to Jail Road Police Station received a secret information at about 2 p.m. that one person namely Rashid Shaikh is to arrive at about 3.30 p.m. in Rahul Gandhi Zopadpatti area near cattle pond along with brown sugar. The informer had given description of his clothes. PSI Yadav transmitted the said information to police inspector of jail road police station. Pursuant to the directions by the P.I., station diary entry to that effect was taken by the P.S.O Gaikwad. P.I. Ingale Patil then gave the said information in writing to the Assistant Commissioner of Police. Investigation was set in motion.

3. P.I. Ingale Patil had called for panchas and left for the spot in Peter Mobile van. They waited at the cattle pond. At about 3.30 p.m. a person from Muslim Pachcha Peth had arrived. He was wearing black full shirt and jean pant. He halted at Bombay Chand Shah bakery and was looking around in suspicious manner. The said person was apprehended by the police personnels who were accompanied by the panchas, photographer and the person carrying weights and measures. The P.I. informed the said person that they have received a secret information and therefore, they want to take personal search. He was asked whether he wants to take personal search in presence of Magistrate. The said person refused the same. Personal search of the said person was taken. He was found in possession of one plastic bag kept in right side pant pocket and the said bag containing biscuit colour powder. The police realized that it was brown sugar. The person carrying weights was directed to weigh the brown sugar. It was 50 grams and 660 ml. gms. worth Rs. 20,000/-. The samples were drawn in presence of panchas. Remaining contraband was sealed. Photographs were taken. The accused was arrested. The family members of the accused were informed of his arrest. Upon reaching the police station, P. I. Manoj kumar Yadav lodged the report against the accused on the basis of which crime no. 3039/2006 was registered against the accused under section 21 (c) section 29 of N.D.P.S.

Act. Further investigation was handed over to P.I. Gadade. The samples were sent to forensic laboratory. The C. A. report is at Exhibit 53. After completion of investigation, charge-sheet was filed on 14/06/2006. The case was committed to the Court of Special Judge. The prosecution examined 9 witnesses to bring home the guilt of the accused.

4. P.W.I Yogiraj Gaikwad has deposed before the Court that on 12/03/2006, he was informed by P.S.I. Yadav that a secret information was received about a person carrying brown sugar and arriving at cattle pond. P.W.I then called for panchas, photographer and A.C.P. Pawar and a person with weights and measures. They reached the said spot. At about 3.30 p.m., the person had stopped near Bombay Chandshah Bakery and was looking around suspiciously. He was accosted by the police personnel. He was given an option as to whether he wants to give a personal search in presence of Magistrate, he replied negatively. P. S. I. Yadav had taken the search of the accused who was found in a possession of plastic bag kept in front right side pocket of his pant containing biscuit colour powder. The said powder was smelling pungent and emanated itching sensation to the eyes and therefore the police realized that it was brown sugar. It weighed 50 grams and 6