( 1 ) THE judgment and order of conviction passed by the learned Additional Sessions Judge of Surat in Sessions Case No. 141 of 1988 convicting the appellant herein of the offence punishable under Sec. 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the N. D. P. S. Act for brief) and also under Sec. 66 (1) (b) and Sec. 65e of the Bombay Prohibition Act, 1949 (the Prohibition Act for brief) and sentencing him to rigorous imprisonment for 10 years and fine of Rs. 1 lakh, in default rigorous imprisonment for 2 years more is under challenge in this appeal at the instance of the original accused.

( 2 ) IT is not necessary to set out in detail the facts giving rise to this appeal. It may be sufficient to note that, while on patrolling duty on 10th February 1988 in the company of the Police Inspector and the Police Sub-Inspector of the Salabatpura Police Station at Surat, Police Head Constable, named, Kaljibhai Bhavjibhai (the complainant for convenience), attached to the very same Police Station found the appellant suspiciously running away from the scene on seeing the police party. Thereupon, the appellant was apprehended. His person was searche