( 1 ) THIS appeal arises out of order and judgment of Shri R. K. Sharma, Additional Sessions Judge, Special Court, N. D. P. S. Act, Delhi convicting the appellant under Sections 21/61/85 of N. D. P. S. Act in S. C. No. 437/94, P. S. Town Hall. The said Judge has sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1. 00 lac and in default of payment of fine to further undergo rigorous imprisonment for one more year. It was further ordered that the period for which the appellant had remained in custody shall be set off in view of the provisions contained in Section 428 Cr. P. C.

( 2 ) IN brief the case of the prosecution is that on 21st May 1992 on a prior information the S. H. O. Town Hall with S. I. Ramesh Kumar and S. I. Ram Phal formed a raiding party with Head Constable Dhani Ram and Constable Ramesh Kumar had reached Children Park where they were joined by Jai Kumar Jain independent witness. The raiding party divided itself into three groups and carried out the blocking (Nakabandi) of the three routes at about 12. 10 p. m. The appellant came on a Yamaha motor-cycle bearing registration number DBX 3843 from the side of Com