( 1 ) THE appellant Surajmal Kanaiyalal Soni has challenged the conviction by the learned Additional Sessions Judge Vadodara for the offence punishable under Sec. 13. of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as N. D. P. S. Act) and sentence to rigorous imprisonment for 100 years and fine of Rs. 1 0 0 in default rigorous imprisonment for three years for being in illegal and unauthorised possession of 9 kilo 775 gms. opium worth Rs. 19 550 at 10. 00 p. m. on 7/03/1988 at Bagikhana Road Vadodara on various factual and legal grounds that the opium was not recovered from the appellant and was recovered from other persons but they were allowed to go and the appellant is falsely implicated and that the various mandatory procedural provisions specified in Chapter V N. D. P. S. Act are not complied with which has prejudiced the appellant and has resulted into miscarriage of justice requiring the setting aside of the conviction.

( 2 ) THE prosecution case against the appellant is that Police Inspector P. S. Patil of Navapura Police Station on information from his informant kept a watch alongwith his staff members nearby Kasam Dulas