1. The appellant Vijay alias Hanuman was convicted by the Additional Sessions Judge, New Delhi under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac in default of payment of which to undergo further RI for two years for being in illegal and unauthorised possession of 41 grams of charas.

2. Briefly stated, the prosecution case is that on 8-4-90 at about 8.30 p.m., while ASI Hazari Lal (PW 3), was on patrol duty along with Constable Kirpal Singh and Kanihya Lal, received a secret information to the effect that one person was selling charas near B-Block, Raghubir Nagar. Acting upon this information, a raiding party was organized. Since public persons refused to join the raiding party, ASI Hazari Lal (PW 3) accompanied by Constables Kanhiya Lal (PW 5) and Kirpal Singh (PW 2) proceeded to B-III Block Raghubir Nagar and apprehended the appellant. Immediately thereafter Constable Kirpal Singh (PW 2) went to inform SHO, Rajinder Singh (PW 6) over phone. On the information received at about 9.05 p.m. SHO (PW 6) arrived