Malik Sharief-Ud-Din, J.

( 1 ) THE appellant aggrieved by his conviction and sentence has preferred this appeal. He was convicted under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called NDPS Act) and on 24th May 1986 was sentenced to 10 years rigiurous imprisonment and to the fine of Rs. one lakh in default of payment of which he was required to undergo R 1. for two more years. This order was passed by Mr. P. L Singla. Additional Sessions Judge, Delhi.

( 2 ) I may first notice the facts which are that the appellant was allegedly caught on 1st January, 1986 at about 9. 45 PM near Main Bazar Pahar Ganj (Baoli Chowk Paharganj), Delhi. He was found carrying a polythene bag in his hand and on search one kilogram of charas in the form of capsules and in stick form wrapped in a polythene paper was recovered. The bag was duly sealed and according to the prosecution 100 grams of Charas was taken as representative sample. The sample and the remaining seized Charas were sealed in two separate packets. Allegedly two seals were used to secure the sample and the remaining charas, one being of Public Witness 4 S. I. Banarsi Dass and the other being of V

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