( 1 ) RAJU Parsbaci Gupla, hereinafter referred to as the appellant, was convicted by the Addl Sessions Judge for an offence punishable under Section 20 of the NDPS Act for having in his possession 18 kgs charas without any licence or permit and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year by his judgment daled 31. 3. 1990.

( 2 ) IN brief the prosecution version is that on 6 6. 88, at 2. 20 p. m. a secret information was received at police station New Delhi Rly Station that a person was sitting near the latrine at the end of platform 10-11 at New Delhi Railway Station and he was in possession of charas. This information was reduced into writing in daily diary at SI No. 15-A (Ex. Public Witness 8/a) and it was passed on to Jai Narain SHO of police station New Delhi Railway Station At the instance of the SHO a raiding party was arranged by SI Ram Singh which included SI Rishi Pal Rana, HC Abhimanyu constable Darshan Singa, ASI Prem Nath Gupta and a witness from public Gopi Ram Jain At 245 p. m. , on the pointing of the informer the app