HASSAN, J.

( 1 ) THIS appeal from Jail by Chhoteylal springs from his conviction under Sections 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the Act) and sentence of to years rigorous imprisonment with a fine of one lac (in default, further one years R. I.) for having illegal possession of charas (cannabis) weighing 27 grm. with a small sack, passed vide judgment dated 13-6-1988 by the Additional Sessions Judge No. 2, Ajmer.

( 2 ) ON 4-3-1987 at 7 p. m. having received a secret information that near chhoti Daig (cauldron-a large boiling vessel) placed in Daragah Shariff mosque, at Ajmer one Choteylal had been selling charas having a small black coloured attachi in his hand. Astali Khan (Sub-Inspector, Police) along with Kanaram (Asstt. Sub-Inspector), Nandkishore (L. C. No. 1082) Suresh Chand (L. C. No. 225) and Sajjan Singh (L. C. No. 1145) proceeded from Buland Darwaja towards small cauldron inside Dargah near thereby they found one person standing with a small black coloured attachi in his hand, who was entangled in the presence of motbirs, Arjun and Pratap Singh and who named himself as Chhoteylal (appellant) and then was search