1. The appellant, Bhadar has preferred the appeal being aggrieved by the impugned judgment dated 16.2.1994 passed by First Additional Sessions Judge, Bhopal in Sessions Trial No. 111/92 whereby the appellant, Bhadar has been convicted under section 8-C read with section 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and sentenced to undergo 10 years of rigorous imprisonment and fined Rs. 1 lac, in default, two years and six months simple imprisonment.

2. Case of the prosecution in short is that on 4.8.1991 at about 7:30 pm., S.J. Zafrin (PW 6) received information from the informer, that near Moti Masjid, Bhopal, infront of Bazer Enterprises, the appellant is in possession of contraband article in polythene bag. SJ. Zafrin apprehended the appellant Bhadar alongwith witnesses and took search of him. Charas weighing 590 gms was found in three polythene packets from the possession of the appellant, Bhadar. The seized charas was being weighed through Ramdayal (PW 5), sample weighing 10 gms was taken from charas. Sample and remaining 580 gms charas was sealed separately. They were seized as per seizure memo Ex. P-2. Panchnama Exhibit