( 1 ) THIS is an appeal under Sub-section 2 of Section 374 of the Code of Criminal Procedure Code, 1973 (for short "the Code") in order to challenge the judgment and conviction order dated 30. 01. 2003 recorded by the learned Additional Sessions Judge, (Fast Track Court), Palanpur in Special Case no. 58 of 2001 under which the Trial Court convicted the present appellant as well as the co-accused for the offence punishable under Section 18 read with Section 13 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced the present appellant to suffer R. I. For three years. The present appellant was further directed to pay fine of Rs. 10,000=00 and in default of payment of fine, the present appellant was also directed to undergo further R. I. for six months.

( 2 ) THE facts of the case of the prosecution against the present appellant before the trial Court may be briefly stated as follows :-2. 1. AS per the case of the prosecution, on 25. 2. 2001, after about 4:45 p. m. Dy. S. P. Mr. Chauhan P. W. 2 at Exh. 23 alongwith other Police Officers were on patrolling duty near village Miyal. Mr. Thakore P. S. I. of Tharad Police Station alongwith his staff was als