( 1 ) THE short question which surfaces in this appeal before us is, as to whether the order of conviction and sentence recorded by the learned Addl. Sessions Judge, Mehsana, in Sessions Case No. 49 of 1993, on 25-6-1993, holding the accused guilty under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is vulnerable, in view of the provisions of Section 50 of the NDPS Act?

( 2 ) THE appellant-original accused was charged before the trial Court, as per Exh. 2, under Section 20 read with Section 8 of the NDPS Act for having possession of 15 gms. of contraband article Charas, which was searched and seized from his pocket of the pant, at about 9. 00 a. m. on 13-12-1992, in the area, known as Ganj Bazar in Mehsana town, to which he denied and claimed to be tried.

( 3 ) THE prosecution case has been that, on the aforesaid day and time, the accused was found in possession of 15 gms. of Charas, on being raided and searched by the Police party led by PW-3 Police Inspector Mr. S. A. Parmar (Exh. 19 ). Upon the prior information, said Mr. Parmar of City Police Station, Mehsana, conducted the raid. As per the prior information, accused M