( 1 ) FACTS giving rise to this appeal are that on 1-11-1987 at 4-45 p. m. , a secret information was received by S. I. Laxminarain Rao, when he was on patrol duty along with other police officials near Mahipalpur Chowk that one Om Prakash alias Omi alias Fauzi resident of village Bigwasan who was dealing in sale of charas/opium would go to Bijwasan from national highway along with charas. On receipt of this information, Shri Lxami Narain Rao requested some persons from public to join the raiding party but they refused. As the time was short, a raiding party consisting of police officials was organised and the party proceeded towards national highway near Mahipalpur crossing. Nakabandi was arranged there. At 5. 10 p. m. on the pointing of the informer, Om Prakash alias Omi alias Fauzi was apprehended. He was having a bag in his right hand. The secret information was disclosed to him and it was told to him that they would take his search and that if he so wanted the search could be taken in the presence of a gazetted officer but on his refusal, he was searched by Shri Lxami Narain Rao in the presence of other members of the raiding party. From the bag (Ex. P 1) which the appellant was carrying with him, two polythene packets and three small size momy papers containing charas were recovered. From one packet 21 balls of charas and from the other 16 balls of charas and from momy papers three rectangular shape bars of charas were recovered. On weighment, 21 balls were found to be 3 Kg and 16 balls were found to be 2 Kg and the 3 rectangular bars ware found to be 1 Kg and 500 grams. Thus in all 6 Kg 500 grams of charas was recovered from the possession of Om Prakash alias Omi alias Fauzi. 20 grams each was taken as sample from the recovered charas which were made in five samples as samples Nos. 1, 2, 3, 4 and 5. These five samples were sealed in one parcel with the seal of bs and three parcels were prepared of the remaining charas and which was also sealed with the seal of bs . Form of CFSL was filed in on the spot and the specimen seal of BS was also affixed thereon. On the basis of Ruka sent from the site, FIR was registered. The samples, the remaining charas duly sealed with the seal of BS and the CFSL form were produced before Shri Jai Bhagwan Malik, SHO, P. S. Mehrauli, who also affixed his seal of jbm on all these parcels and also affixed his specimen seal on the CFSL form. All these parcels duly sealed with the seal of BS and JBM were deposited in the Malkhana of PS Mehrauli. During investigation, the sample parcels duly sealed with the seals of BS and JBM were sent to CFSL for chemical test. From the report of CFSL (Ex. PW9/c) it was found that samples 51 to 55 gave positive test for charas.

( 2 ) DURING investigation, it also transpired that one Sher Sing alias Shera was also involved in that business of sale of charas/ opium. He was also arrested and challenged along with this appellant for offences punishable u/ss. 20 and 29 of the NDPS Act.

( 3 ) THE trial Court acquitted Sher Singh alias Shera of the charge levelled against him. However, the appellant was found guilty for an offence punishable u/s. 20 Part II of the NDPS Act for having in his possession 6 Kg 500 grams of charas in contravention of S. 8 of the NDPS Act and he was convicted for the said offence and sentenced to undergo rigorous imprisonment for 12 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 for the said offence by the Addl. Sessions Judge Delhi by his judgment and order, dated 8-8-89 and 10-8-89.

( 4 ) AGGRIEVED, the appellant has filed this appeal.

( 5 ) MR. D. R. Sethi, learned counsel for the appellant, submitted that the provisions of NDPS Act being mandatory have to be strictly construed especially in view of the minimum sentence of imprisonment and fine prescribed under the Act leaving no discretion to the trial Court to impose a lesser sentence of imprisonment or

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