Suresh Kait, J.

1. Vide the instant Appeal, the appellant has challenged the impugned judgement dated 22.03.2009 passed by ld. Special Judge, NDPS, New Delhi in Sessions Case no.38-A/05, whereby the appellant has been held guilty and convicted for the offence punishable under Section 21 (C) of NDPS Act.

2. Also challenged the order on Sentence dated 25.03.2009, whereby he was sentenced to undergo RI for a period of 12 years with a fine of Rs.1,50,000/- and in default of payment of the fine further sentenced to undergo RI for a period of 1½ years.

3. Benefit of Section 428 Cr.P.C. has also been extended to the convict.

4. The case of the prosecution before the Trial Judge, in brief was that on the basis of specific intelligence that one person of African original, travelling in a Indica-V2 Car bearing registration no. RJ-02-TEP-56822 was carrying about 4 Kgs. of heroin, a surveillance was mounted on NH-8 at Bilaspur Toll Tax Barrier on 02.04.2005 by the officers of DRI. Further the intelligence suggested that car would be coming from Jaipur side to Delhi between 13.15 Hrs. to 15.00 Hrs. Accordingly, the said vehicle came at about 13.50 Hrs. and was spotted while leaving the to