JUDGMENT

Ajit Bharihoke, J.(Oral)--This appeal is directed against the impugned judgment dated 26.02.2005 in Sessions case No.72/2004 FIR No.97/2002 P.S. Narcotics 11th Branch and the consequent order on sentence dated March 2005 whereby the appellant Kharak Singh was convicted for the offence under Section 21(c) read with Section 29 of The Narcotic Drugs and Psychotropic Substances Act (for short `NDPS Act') and sentenced to undergo R.I. for the period of 10 years and also to pay a fine of Rs.1,00,000/-; in default of payment of fine to undergo S.I. for a further period of one year.

2. Briefly stated, case of the prosecution is that on 12.10.2002 at about 7:10 pm, appellant Kharak Singh was found in possession of 640 gms of heroin contained in a polythene packet supplied to him by the co-accused Ved Prakash near Tara Apartments, Kalkaji Extension.

3. The appellant was charged under Section 21(c) read with Section 29 of the NDPS Act to which he pleaded not guilty and claimed to be tried.

4. In order to bring home the guilt of the appellant, prosecution examined 10 witnesses, including the raid officials in whose presence the transaction took place and heroin was recovered