( 1 ) THIS appeal is directed against the conviction and sentence dated 27. 1. 1989 by which Mr R. C. Jain, Additional Sessions Judge, Delhi, convicted the appellant under Section 20 of the Narcotics Drugs and Psychotrofic Substances Act, 1985 (hereinafter called "the Act") andsentenced him to udergo regorous imprisonment for a period of 10 years and also to a fine of Rs. 1 lac or in default suffer a further a simple imprisonment for 2 1/2 years.

( 2 ) THE story of the prosecution is that the Vigilance Department of Delhi Police, New Delhi, had information that one person by the name of Nathu receives charas from one Baldev Singh @ Abdul Latif and sells the same to different persons and that on 13. 8. 1986 he will come on his scooter No. DIS-3029 and hand over the same to some party in Hotel Basant. On the basis of this information they organised a raiding party comprising of Sub-Inspectors Bir Singh and Surender Pal Rana. Head Constables Dharam Singh, Constables Rajinder Singh, Basi Haider Paramanand and Ajay Kumar under the supervision of Inspector Jai Pal Singh in the office of DPC (Vigilance ). The raiding party started from the police headquarters at about 1. 50 PM in a Government Vehicle No. DED 532 toward Basant Hotel, Pahar Ganj and picketed nakabandi near the Tonga Stand, Basant Hotel in a gali adjoining Basant Hotel. A public w itness Mr. Abdul Rauf, a waiter-cum-receptionist in Hotel Basant was also joined. The raiding party waited for the arrival of Nathu. At about 2. 05 PM, one pson whose name and address was later on found as Nathu Ram son of Desh Raj, resident of House No. 7802, Katra Jamaluddin, Arakashan Road. Ram Nagar, Paharganj, New Delhi, arrived there on scooter No. DIS-3029 and as soon as he parked his scooter near Basant Hotel, at the pointing out of the informer, he was overpowered. He was than informed that if he desired, his search could be taken in the presence of some gazetted officer or a Magistrate. But he (the appellant) declined. Then in the presence of ?he raiding party and. public witness Abdul Rauf the dicky of the scooter was got opened from the appellant. It was found to contain four packets of charas in the from of slabs, wrapped in polythene paper. Each packet was further tried with a thread. Those four packets were separately weighed and were found to be of one Kg each Therefore, the total weight of the four packets was found to be 4 Kgs. They were numbered A to D. 10 grams each was separated as sample from each of the four packets. The samples were put in paper envelopes separately and converted and into four separate parcels AD the four packets of charas were converted into one parcel and sealed with the seal impression jps . The sample parcels were given serial numbers I to 4 and were separately sealed with the same seal impression jps . From CFSL was also filled at the slop Specimen of the seal impression was also prepated. On checking of the scooter the papers concerning the scooter were, not found. The sample parcels, the one parcel of the remaining charas, the keys of the scooter along with the scooter were taken into policy prossession vide the sizeure memo. The Rukka Ex Public Witness 5/a was forwarded of police station, Pahhr Ganj through Constable Basi Haider for registration of a case. The personal search memo of the appllant Ex Public Witness 1/b was also prepared at the spot. The investigation of this case was carried out by Inspector Jai Pal Singh, Public Witness-12 who prepared the site plan Ex Public Witness 12/a. The appellant had refused to be searched before a Magistrate and he gave in his own handwriting the paper Ex Public Witness 2/8 to that effect. The Appellant further made a disclosure statement on the basis of which a raid was organised and 5 Kgs of charas was recovered from Baldev @ Abdul Latif staying in Micki restaurant on the same evening. After completion of investigation the charge sheet was filed and the appellant was tried, convicted