( 1 ) ROSHAN Lal son of Dhani Ram resident of Harsh, Police Station Kasuli, District Solan, Himachal pradesh has filed this appeal challenging his conviction under Section 20 (b) (ii)N. D. P. S. Act and sentence of ten years R. I. with fine of Rs. 1,00,000 recorded by Special Judge, N. D. P. S. Act, Allahabad in special Sessions Trial Number 24 of 1995, State v. Roshan Lal, under Section 20 (b) (ii)N. D. P. S. Act, Police Station George Town, district Allahabad (arising out of Crime number 22 of 1995 ). The Trial Judge has also ordered that the appellant shall undergo two years simple imprisonment in the event of default in payment of fine awarded to him and the sentence spent in jail by the appellant shall be reconned with as term of his sentence while computing his period of sentence awarded by the impugned judgment.

( 2 ) IN nutshell the prosecution allegations as is culled out from the recovery memo FIR are that on 16. 1. 1995 SI Doodh Nath Yadav (Informant) SO for Police Station George town, Allahabad accompanied by Constable jai Narain Singh, Constable Dhirendra singh, Constable Rajesh Kumar Singh, driver Chandrabali Yadav was searching for the accused of Cri