( 1 ) IN this Criminal Appeal filed under section 374 (2) of the Code of Criminal Procedure, the appellant has challenged his conviction under section 20 (b) (ii) read with section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as Act) for which he has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1 lakh, In default of payment of fine to undergo further rigorous imprisonment for two years, by the VIIIth Additional Judge to the Court of Sessions Judge, Bhopal, in Session Trial No. 53 of 1991, decided on 29. 4. 1991.

( 2 ) THE facts giving rise to the filing of the present appeal are that when A. S. I. Laxman Singh Chouhan (P. W. 1) who at the relevant time was posted in Police Station Talaiya, Bhopal, received an intimation on 19. 7. 1989 that the appellant was indulging in the sale of illicit liquor he, therefore, proceeded to Budhwara locality within the jurisdiction of his police Station. At Budhwara, S. I. Vipin Tiwari and S. K. Verma met him and all proceeded to Itwara locality. At It war a, Laxman Singh Chouhan took S. I. Ashok Tiwari with him and raided to house of the appellant Mansha