( 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 also present there as they all were also on patrolling duty. At about 5:45 p. m. a motor vehicle bearing number RJ 16 C 1040 which was written in hindi language was found coming from village Vatdau. The driver of the said vehicle was required to stop the vehicle and a signal was also given to him. But he did not stop the vehicle and drove his vehicle towards village Kharakhoda. In the said vehicle two persons were sitting. One was driving and one was sitting by his side. The person driving the said vehicle is incidentally the appellant in the present case. The co-accused being accused no. 1 in the special case has also been simultaneously convicted and sentence to jail. It appears that he has not preferred appeal against his conviction, therefore we are having appeal filed by the appellant who happened to be accused no. 2 in the said special case. It is also the case of the prosecution that the said two persons and the vehicle both were found to be doubtful and, therefore, Mr. Chauhan as well as Mr. Thakore both chased the said vehicle. Even siren of the vehicle was also used. After crossing a distance of about 7 kms. , the vehicle of P. S. I. Mr. Thakore overtook the on going vehicle driven by the appellant and he, therefore, required the appellant to stop his vehicle. The appellant, in turn, stopped the vehicle and both the persons sitting in the said vehicle tried to run away. The police officers and the personnel of both the vehicles cordoned the said vehicle. In the meantime, one another jeep car arrived from village Varahi, which was also stopped and two persons who were sitting in the said vehicle were requested to assist the police as panch witnesses. The aforesaid fact was conveyed to them and thereafter, inquiry was made from the appellant and the co-accused. Their names and addresses were recorded by Mr. Chauhan. The co-accused was required to come out of the vehicle and he actually came out of the vehicle with a cotton bag in his hand. On searching the said cotton bag, opium was found therein. It weighed 1 Kg and 650 gms. Samples were collected and sealed for being sent to the F. S. L. for chemical analysis. Panchnama was drawn to that effect. Thereafter, mudammal - opium, vehicle, the appellant and his co-accused all were taken to the Police Station. F. I. R. was filed and the appellant and co-accused were taken into custody. Investigation was undertaken and at the end of the investigation, chargesheet was filed before the Special Court constituted under the said Act. The learned Judge supplied copies of the police papers to the appellant and the co-accused, charges at Exh. 5 was framed, it was read over and explained to the appellant and the co-accused. They pleaded not guilty and, therefore, evidence was recorded. At the close of the evid