P.S. TEJI, J.

1. Aggrieved by the judgment of conviction dated 12th July, 2001 convicting the appellant finding him guilty under Sections 21/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence dated 12th July, 2001 vide which the sentence was passed against the appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- for the offence punishable under Sections 21 of the NDPS Act, in default of payment of fine, convict was ordered to further undergo simple imprisonment for three years, the present appeal has been filed.

2. The facts in brief are that a secret information was received on the basis of which the police on 8th September, 1998 at about 01.35 p.m., apprehended the accused Kanwar Pal@Mama at Nizamuddin side from Platform No.12, New Delhi Railway Station (NDRS). Notice under Section 50 of the NDPS Act, 1985 was served to which the accused Kanwar Pal@Mama refused to exercise the said option and his refusal was recorded in writing. Thereafter, on the direction of SHO, raid was conducted; search of the accused Kanwar Pal@Mama was effected and a pol