( 1 ) THE appellant came to be convicted of the offence under sec. 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N. D. P. S. Act"), and sentenced to R. I. for 10 years and a fine Rs. 1,00,000. 00, in default further R. I. for one year more and also came to be convicted of the offence under Sec. 66 (1) (b) of the Bombay Prohibition Act but no separate sentence thereof was inflicted by the then learned Additional City sessions Judge, Ahmedabad in Sessions Case No. 129 of 1989, consequent upon which, present appeal has been preferred by the original accused.

( 2 ) THE facts in brief may be stated. P. S. I. Shri Dodia along with his other staff members was patrolling in Bhulabhai Park area, Ahmedabad on 22-1-1989 at 14-00 hours. When he reached near Karnavati Chowk, the informant informed him that one person was to pass riding over a scooter with narcotic drug, viz. , charas or ganja. Hence he called panchas and deployed the panchas as well as the members of the staff at different places. When that person came there driving the scooter he was intercepted. He was none else but the present appellant. On taking his