Hon’ble Vinod Prasad, J.—Roshan Lal son of Dhaniram 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. On lac 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) (ll) 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 F.I.R. are that on 16.1.1995 S.I. Doodh Nath Yadav (Informant) S.O. of 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 Crime Number 21 of 1995, under Section 302 I.P.C. on a Police jeep when he received the information near Lowther Road, post office crossing that a person with illegal Charas is going from medical crossing to C.M.P. Degree collage over bridge through M.G. Marg. On this information, informant along with accompanied police Constables proceeded towards C.M.P. Degree college over bridge and from the way he picked up S.I. Ganashi Lal Verma and S.I. Padmaker Rai from near a motor garage on Lowther Road. Through R.N. Banerjee Road police party reached near the over bridge in front of C.M.P. Degree College and started waiting for the concerned person. After sometime a person approached the over bridge from medical college crossing who was pointed out to be the desired person. Police party apprehended him on the road in front of C.M.P. College East Gate at 5.50 p.m., on 16.1.1995. On enquiry being made the apprehended person disclosed his name as Roshan Lal son of Dhaniram resident of Harsh, Police Station Kasuli, district Solan, Himachal Pradesh. Informant informed him that they have got the information that he is carrying narcotic drug and therefore, would he like to be searched before a Gazetted Officer or would like to be searched by raiding party itself. The apprehended person Roshan Lal, (appellant) expressed his desire to be searched by the police party itself. On searched being conducted by the informant 7 Kg. of Charas narcotics was recovered from a black bag carried by the appellant which was kept in various small polythene coverings. From the pocket of appellant kurta Rs. 950/- were also recovered. Appellant could not give any satisfactory answer for the possession of narcotics hence he was arrested under Section 20 of the N.D.P.S. Act after being informed the cause of his arrest. The seized narcotic was zipped in the same bag, sealed and stamped at that spot and seal impression was prepared. Many passers by where requested to be witnessed of the search and seizure but all of them denied. Recovery memo was prepared on the spot and was got signed by the members of seizing party. 100 grams of seized narcotics was taken out for sampling purpose and was sealed in a container. Seizure memo was registered as F.I.R. as crime No. 22 of 1995 for offence under Section 20 NDPS Act at P.S. George Town, Allahabad on 16.1.1995 at 6.15 p.m. against the appellant as malefactor. Follow up investigation resulted in charge-sheet against the appellant. Appellant was summoned by the trial Court and Special Judge N.D.P.S. Act, Allahabad charged him under Section 20 (B)(II) NDPS Act in Special S.T. No. 24 of 1995, State v. Roshan Lal, on 23.3.2002 which charge was read out to the appellant who denied the same and claimed to be tried.

3. In the trial prosecution examined S.I. Do