- (1.)Feeling aggrieved by the judgment of conviction and order of sentence dated 31.7.2008 passed by learned Special Judge (NDPS Act), Jabalpur in Special Case No.24/06 convicting the appellant under Section 8/21 (b), 8/18(c) and 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (herein-after referred to as ("the Act") and under Section 25(1A) of the Arms Act and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2)of the Code of Criminal Pro-cedure. 1973
(2.)In brief the case of the prosecution is that on 30.3.2006, Sub-Inspector of Police Station Cantt R.K. Soni was discharging his duty at T.J. Crossing Sadar. Main Road at Jabalpur. At that time, Head Constable Narendra Sharma, Head Constable Narendra, Santosh, Balram and Sanjay etc wee aiso present. An information was received from the informant that in a black coloured Tata Indica Car coming from Penti Naka is containing illegal contraband articles and in that car appellant is sitting. On the basis of the information received, a panchanama was pre-pared by the said Sub-Inspector. R.K. Son and a copy thereof was sent to CSP. Gorakhpur. Ac-cording to the information received, said Sub-Inspector Shri Soni came nearby ATM of State Bank of Indore and took his position. As soon as he saw a black coloured Tata Indica Car coming towards Penti Naka, which was not having any number plate, the same was stopped and it was found that the said car was being driven by ap-
pellant Mchboob. The appellant was informed that the car is containing illegal contraband ar-ticles, as a result of which he tried to flee away from the place of occurrence, however, said Soni and his other staff members chased him and ultimately caught the appellant. It was also told to him that his car is to be searched and if wants to get the car searched before the Gazetted Of-ficer or Magistrate, he is free to do so. On this, appellant told that he is ready to get his car searched by the said Sub-Inspector. Thereafter when the car of appellant was searched it was found that in a black coloured bag, brown sugar, afeem, charas, pistol and revolver were kept. Apart from these articles, two numbers plates were also found in the said car. Necessary seizure and panchanama in respect to contraband articles were prepared and samples were taken out from the seized contraband articles and the entire bulk was kept in the malkhana.

(3.)After the investigation was over, a charge-sheet was submitted before the learned Special Judge, who framed the charges punishable un-der Section 8/21 (c), 8/20(b)(ii)(B) of the Act and also under Section 25( 1-A) of the Arms Act. Need-less to say. appellant abjured his guilt and re-quested for the trial.