( 1 ) THIS appeal is directed against the judgment of Mr. Lokeshwar Prasad, learned Additional Sessions Judge dated 26th July, 1989. The appellant was convicted under Section 18 of the NDPS Act 1985 and was sentenced to 10 years rigorous imprisonment and fine of Rs. 1 lakh was imposed and in default of payment of fine the appellant was further directed to undergo rigorous imprisonment for two years under Section 18 of the Act.

( 2 ) NECESSAARY facts for disposal of this appeal are set out as under:

( 3 ) ON 24th August, 1986 ASI of P. S. Kashmere Gate alongwith Head Constable Dharam Chand, contable Sahib Singh, Constable Raj Singh received secret information to the effect that a person would be coming on a Bobby Rajdoot Motor cycle bearing registration number DHY 1835 from the side of Kalkatia Gate and would be passing in front of Jat Fauji Dharamsala and that the said person would be carring a bag on his right shoulder containing opium.

( 4 ) ON receiving this information, the Investigating Officer Veer Singh requested public persons to join the police party and one of them namely, Parmod Kumar agreed to his request and joined the police party. It is alleged that ac