( 1 ) THIS appeal has been brought against judgment dated October 21, 1987. and subsequent order dated October 26, 1987, of an Additional Sessions Judge, by which he bad convicted the appellant of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ndps Act ) and had sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. l,00,000. 00 (one lakh) and in default, to undergo further rigorous imprisonment for six months.

( 2 ) ON receiving a secret information at the Police Station itself which was reduced into writing in daily diary at serial No. 7a at II 05 AM with regard to aperson carrying opium, the police party comprising of Daryao Singh, SHO then posted at Police Station Sadar Bazar, Si 0m Parkash (Public Witness 4) and Constables Suresh Chand and patch Singh proceeded to the crossing of Qutab Road where public witness Ram Gopal (Public Witness I) met and joined and on the pointing out of the secret informer at about 11. 30 A. M. the appellant was apprehended and was found to be carrying an attachecase on his right shoulder and another attachecase in his left hand and after the