( 1 ). Shri Safiullah S/o Shri Hasmat Ullah was prosecuted under Section 20 of the Narcotic Drugs and Psycotropic Substances Act (hereinafter called as the Act ). He was tried by the learned Additional Sessions Judge, New Delhi, and came to the conclusion that the offence has been-made out against the petitioner. Accordingly he convicted the petitioner and sentenced him to rigorous imprisonment for 10 years with a fine of Rs. l,00,000. 00 and to further rigorous imprisonment for two years in, case of default of payment this background that the present appeal has been filed.

( 2 ). In order to appreciate the points raised, it will be relevant to know in the facts of the case.

( 3 ). That a police party consisting ofs. I. Tej Pal Singh, ASI 0m Parkash and some constables including Constable Satish Kumar and others of Anti Auto Then Squad were on checking duty near Andheria Mor in the area of Police Station Mehrauli At that time S. I. Tej Pal Singh and ASI 0m Parkash recived a secret information at about 8 P. M. that two persons were standing at the bus stand of Andheria Mor. They were having bags in their hands and there was charas in those bags. At this the police off