P. K. MISRA, J.

( 1 ) THE appellant assails the order of conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'n. D. P. S. Act') and sentence of ten years' rigorous imprisonment and fine of rupees one lakh,in default, to undergo further rigorous imprisonment far two years, passed by the Additional Sessions Judge, Bhubaneswar, in Sessions Trial No. 20/251 of 1992.

( 2 ) SHORN of unnecessary details, the prosecution case is as follows: On 7-10-1992 at about 7. 30 p. m. , Shri U. K. Mallik, S. I. of Police of Capital Police Station, was on special petrol duty along with other officials. Information was received from reliable source that a person named Suresh was selling brown sugar near a 'jhumpudi' hotel in front of Bank Colony, Unit-IV. After getting information, it is alleged that the S. I. of Police sent a requisition to the Sub-Collector, Bhubaneswar, to depute an Executive Magistrate and accordingly Executive Magistrate Shri A. C. Behora (P. W. 1) accompanied the police party. The raiding party went to the spot and it was found that two persons ran away seeing the police. The raiding party after pursuing caught-hold o