H.R. Panwar, J.-This criminal jail appeal is directed against the Judgment and order dated 06.08.2003 passed by the Special Judge, N.D.P.S. Cases, Pratapgarh, district Chittorgarh (for short, “the trial Court” hereinafter) in Sessions Case No. 10/2002, whereby the trial Court convicted the appellant for the offence under Section 8 read with Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act” hereinafter) and sentenced to undergo ten years rigorous imprisonment and a fine of Rs. One lac and in default of payment of fine further to undergo 2 ½ years rigorous imprisonment. Aggrieved by the Judgment and order impugned the appellant has filed the instant jail appeal.

2. The facts of the case, to the extent, they are relevant and necessary for the decision of this appeal, are that on 212.2001 at about 9:00 PM, PW. 14 Bhanwar Singh, Station House Officer, Police Station, Pratapgarh, received a secret information that the appellant is coming to Basad bus stand possessing brown sugar. The secret information was reduced to writing in the Roznamcha and sent to the higher officer. He, alongwith other police officials, started from the p