( 1 ) THIS appeal by Shakil Ahmad @ Pappu and Wasim ahmad, accused-appellants is directed against the judgment dated 28/04/1997 and order dated 1/05/1997 of an additional Sessions Judge convicting them under section 20 of the Narcotic Drugs and Psychotropic Substance Act (for short the act ) and sentencing to RI for 10 years and pay a fine of Rs. 1 lac each. In default of payment of fine, appellants are further to undergo RI for one year.

( 2 ) CASE of the prosecution is that on 27/01/1994 at about 10. 30 AM, a secret informer intimated inspector J. S. Rana (PW-8) that Shakil Ahmed, Wasim Ahmed and kamal Babu who are having charas in huge quantity, would pass through Irwin Hospital in Ambassador car no. UP-53-B-9458 between 11. 00 to 12. 00 noon. After recording this information in the DD at No. 11, PW-8 intimated about it to ACP H. L. Manaktala, PW-5. On direction of PW-5 a raiding party was organised by PW-8 wherein HC Ram bahu, PW-7, HC Jai Bhagwan, PW-6, W. HC Ved Wati, Constables vinay Kumar, Arvind Kumar, Raj Kumar and Datar Singh were included. All of them alongwith informer left in vehicle nos. DL-1/cc-4416 and DL-2cc-2086 and reached the chambery of minto Road