( 1 ) PRESENT appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973, questions legality of judgment dated January 19, 2000, rendered by the learned Special Judge and Additional Sessions Judge, Mehsana Camp at Patan, in special N. D. P. S. Case No. 2 of 1999, by which the appellant is convicted under sections 15, 20, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to suffer R. I. for ten years and fine of rs. 1 Lakh, in default, S. I. for three years, for each of the offences.

( 2 ) THE short facts giving rise to the present appeal are as under : mr. Dashrathsinh Joravarsinh Vaghela, Police Sub-Inspector, Rapid Response Cell, gandhinagar, received an information on 8. 10. 1998 that person named Navinkumar alias Shambhuprasad alias Shambhu-maharaj Chimanlal Vyas, residing at Rangfali rudra Mahalay, near Rudra Mahalay Sidhpur, was dealing in ganja/charas etc. On receipt of the information, he reduced the same into writing. He went to Sidhpur rest House and requisitioned services of two panch witnesses and returned to sidhpur Police Station. The first part of panchnama was drawn at Sidhpur R