( 1 ) THIS appeal has been brought against judgement dated September 24, 1988 and order of sentence dated September 24, 1988 by which an Additional Session Judge has convicted the appellant of an offence punishable under Section 21 of the N. D. P. S. Act and has sectenced him to undergo regorous imprisonment of ten years and to pay a fine of Rs. I lakh and in default of payment of lime to undergo further rigorous imprisonment of two year. The proscution case, in brief, is that S. H. O. Sh. O. P. Yadav, PW-6 of Police Station Ambedkar Nagar, while patrolling the area on March 15, 1987, had received a secret information that a person would come in a jeep ORM 4897 having smack in substantial quantity for delivering it to Puran and he would be going to M. B. Road, Madangir Block B-V. He is stated to have come to the police station and made the ebtry regarding this particular information in the daily diary at 7. 00 P. M. and had also informed A. C. P. Sh. Ashok Chand, PW-4, who come to the police station and then a raiding party was organised comprising of A. C. P. S. H. O. ,s. I. Rajinder Prasad. P. W.-1o, Head Constable Attar Hussain PW-3, Head Constable Satbir Singh,