RAVI R. TRIPATHI, J.

( 1 ) THIS appeal is filed under section 374 (1) of the Code of Criminal Procedure, 1973 directed against the judgement and order dated 30. 9. 1997 by the learned Additional Sessions Judge, Jamnagar, in Special Sessions Case No. 5 of 1997 by which the appellant is convicted under section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ndps Act"), (conviction is to be read to be under section 20 of the NDPS Act) and punished him rigorous imprisonment for 10 years and fine of Rs. 1 lakh, in default simple imprisonment for one year.

( 2 ) ON 20. 1. 1997, between 9. 50 to 11. 30 PM, the complainant of this case raided the residential premises of accused no. 1 situated in Juma Masjid Chowk at Bedi area of District Jamnagar and recovered 168 grams of charas from the room of accused no. 1, from below the mattress and the pillow on the cot, which was alleged to have been purchased by accused no. 1 from accused no. 2. Both the accused had thus, indulged in purchase and sale of prohibited charas. Accused no. 1 keeping the said charas in his possession and by helping each other committed offence under section 20 read with section 29

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