( 1 ) THIS criminal appeal is directed against the judgment and order of the Special Judge, Delhi in Sessions Case No. 3/96 dated 25. 9. 1999 whereby the learned Special Judge has held the appellant guilty under Sections 21/65/85 of the NDPS Act, 1985 and order dated 29. 9. 1999 whereby the learned Special Judge sentenced the appellant to undergo rigorous imprisonment for ten years together with a fine of rupees one lac and in default thereof to undergo further simple imprisonment for two years.

( 2 ) THE case of the prosecution is that on 1. 11. 1995 at about 12. 30 p. m. , while SI Ram Avtar was going to his office at PG Cell, Rajouri Garden, Delhi, he received a secret information that a person who sells Smack will come on a two-wheeler scooter in Krishna Park Extn. , Tilak Nagar, Delhi and if a raid is conducted, a large quantity of Smack may be recovered from his possession.

( 3 ) THIS information was reduced into writing vide DD No. 8. A raiding party was constituted, which reached Krishna Market Extn. At about 4. 30 p. m. , at the instance of the secret informer a two-wheeler scooter HR-14-2191 was apprehended and two persons, driver as also the pillion rider were