JUDGMENT :

H.H. Mehta, J.

The original accused - Abdul Salam Yusufbhai Shaikh of N.D.P.S. Case No. 8 of 1996 tried and decided by the learned Additional Sessions Judge, Valsad at Navsari (who will be referred to as 'the learned Judge of the trial Court') has, by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') read with Section 36B of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'N.D.P.S. Act') challenged the correctness, legality, validity and propriety of judgment Exh. 42 rendered on 30th December, 1998, in aforesaid N.D.P.S. Case No. 8 of 1996 by the learned Judge of the trial Court by which said accused came to be convicted under Section 235(2) of Cr.P.C. for offence punishable under Section 22 of the N.D.P.S. Act, and he sentenced to undergo R.I. for 12 years and to pay a fine of Rupees One lakh, and in default of fine to undergo further imprisonment for one year.

2. The facts leading to this present appeal in a nutshell can be summarised as follows :

2.1 On 15-2-1996, P.W.4 Mr. Prakash Mahendrabhai Jadav was serving as Police Inspector in State Narcotic Cell, C.I.D. Crime, Gujarat State, Ahmedabad.