( 1 ) -TULDEEP Singh who was convicted for an offence punishable under section 20 Part II of N. D. P. S. Act vide judgment dated January 20 1988 and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lac and in default to further undergo rigorous imprisonment for two years vide subsequent order dated January 25 1988 by the Additional Sessions Judge, New Delhi has filed this appeal through jail against his conviction and the sentences. As the appellant was not in a position to engage any counsel, Shri SK. Dubey, advocate was appointed as amicus curiae and I have heard arguments advanced by him and also heard the arguments of the counsel for the State. Although the appeal is barred by five days yet I have heard the arguments on merits.

( 2 ) THE appellant was apprehended on 15th January 1987 at about l 50 P M at the Bus Stand D. D. A Flats Kalka Ji while he was in possession of about 7 Kg. 800. gramms of charas. S. I. Ram Kumar then posted in police station Kalka Ji, accommpanied by Head Constables Ramesh Chand and Balbir Singb, constable Bir Singh were stated to be patrolling the area that he received secret information near Cent