VIRENDER SINGH, J. - (1.)CYRIL Archibong, a foreign national (Nigerian) stands convicted by the impugned judgment dated May 8, 2001 passed by the learned Judge, Special Court, Chandigarh under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (in short to be referred as the 'Act') and has been sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. one lac, in default of payment of fine to suffer further RI for one year.
(2.)IN brief, the case of the prosecution is that on 19.11.1998 SI Dilbagh Singh (PW3) alongwith other three police officials was present in Gobindpura mohalla, Mani Majra, near Thakurdawara. Per chance, Bahadur Singh (PW6) and Angrez Singh (not examined by the prosecution) met him there. In the meantime, a secret information was received that the appellant, who was habitual of selling smack, was coming from the side of Bitta Petrol Pump towards Modern Complex, Manimajra, with a suitcase containing smack. The secret information was reduced into writing and was sent to the police station through Constable Naresh Kumar. After joining Bahadur Singh (PW6) and Angrez Singh in the police party, a naka was laid. The appellant was seen coming from the side of Bitta Petrol Pump with a briefcase in his hand at 9-10 PM. On seeing the police party, he made an attempt to turn back but was apprehended. The appellant was then served with a notice to tell whether he wanted to be searched before a Magistrate or a Gazetted Officer, because he was suspected of having smack in his briefcase. The appellant opted to be searched before a gazetted Officer. Consequently, DSP Vijay Pal Singh was called at the spot, who also served the appellant with a similar notice, in reply to which the appellant opted to be searched by the said DSP. Thereafter, the briefcase was opened and smack weighing 2.570 kilograms wrapped in a blue colour plastic bag was recovered. Besides this, Rs. 60,000/- one passport and a packet of empty plastic pouches were also found in the briefcase. 100 grams of the smack was extracted as sample and was put into a separate parcel. The sample and the residue smack were separately sealed and taken into possession. Since the appellant could not produce any permit or licence for keeping the said smack in his possession, he was booked in this case. Ruqqa (Exhibit PE) was sent to the police station on the basis of which formal FIR (Exhibit PE/1) was registered.
The appellant was charged under Section 21 of the Act.

(3.)IN order to substantiate its case against the appellant, the prosecution examined as many as 10 witnesses.