Hon'ble CHAUHAN, J.—Having been convicted for offences under Sections 8/21 of the NDPS Act (`the Act', for short), and having been sentenced to ten years of rigorous imprisonment, having been imposed with a fine of Rupees one lac, and further directed to undergo one year of rigorous imprisonment, in default thereof, vide judgment dated 20.7.2004 passed by Special Court, (NDPS Cases), Jaipur, the appellant has approached this Court.

2. The brief facts of the case are that on 31.8.2003, around 1:15 PM, the SHO, Police Station Kotwali. Mr. Surendra Singh (PW.10), received a secret information that there is a person standing in Govind Dev Colony, behind Chogan Stadium, in front of a shop belonging to Genesh Agency. The person is wearing blue and white striped shirt, and coca coloured trousers. He is about forty to forty-five years old. The informant further told him that the person is carrying smack in large quantity. Having received the said information, the said information was sent to the higher officers in compliance with Section 42 of the Act. Devendra Prasad (PW.2), FC was directed to procure the presence of two independent witnesses. Subsequently, at about 1:30 PM, the police par

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