( 1 ) THIS appeal has been brought against a judgment dated July 18, 1987 of Shri R. C. Jain, Additional Sessions Judge by which he convicted the appellant for an offence 4 under Section 21 of the N. D. P. S. Act and subsequent order dated October 21, 1987 sentencing the appellant to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. one lakh and in default of payment of fine to further undergo imprisonment for two years.

( 2 ) THE facts of the case in brief are that on April 15, 1986 at about 8. 30 P. M. a police party led by Inspector Dharampal Singh was present at the Regal Building, Connaught Place, New Delhi on routine patrolling duty, that a secret information was received that two persons would be coming at Plaza Bus Stop and would be in possession of charas. The raiding party was formed by joining one public witness Shankar Lal and on pointing out by the secret informer the appellant and one Bhupinder Singh were apprehended and on the personal search of the appellant, his bag was found to contain 5 packets each having two kilograms of charas. Before taking personal search appellant had been offered that his search could be taken in the prese