( 1 ) THE accused-appellant of Criminal Case No. 6 of 1990 came to be convicted of offences under Sec. 20 (b) of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act) by the learned Sessions Judge of Kutch at Bhuj by his order dated 24-1-1992. As a result the learned Judge awarded 10 years rigorous imprisonment and a fine of rs. 1 Lakh and in default to undergo one more year of imprisonment.

( 2 ) THE facts leading to the aforesaid result at the end of the trial are that on 30th april, 1990, complainant - a P. I. of the State Police had received information about two persons being in the process of bringing contraband article (narcotic) for the purpose of selling. Alongwith Panchas, therefore, complainant - P. I. and members of the raiding party went at the likely place from where the accused were to pass and waited there. Their wait was rewarded. Two persons on seeing the waiting party started running away and the police party succeeded in catching hold of them.

( 3 ) IN the course of search, 450 gms. of a material which was ultimately found to be charas was recovered from the present accused-appellant and after taking out for th

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