ASHUTOSH KUMAR, J.

1. Kumar Pal, the appellant impugns the judgment and order of conviction dated 31.03.2011 and 05.04.2011 passed by the Additional Sessions Judge/Special Judge, NDPS (North Delhi) in S.C case No.24/09 (arising out of FIR No.59/03, P.S. Crime Branch) whereby he has been convicted under Section 20 of the NDPS Act and has been sentenced to undergo rigorous imprisonment for 10 years, fine of Rs.1 lakh and in default of payment of fine a further simple imprisonment for one year.

2. The appellant was found in possession of 1 kg of charas.

3. The appellant has questioned the impugned judgment on the ground that independent persons did not join the police party while the arrest was effected; there was no proper notice as required under Section 50 of the NDPS Act; no independent person was examined during trial to support the prosecution version; there was delay in sending the sample for analysis, and the analysis report regarding the percentage of THC rendered the recovery to be of small quantity or intermediate quantity but definitely not commercial quantity.

4. The further ground of challenge in the appeal is that the very arrest of the appellant was doubtful