1. This appeal is directed against the judgment dated 3-5-2003 delivered by Shri Raghubir Singh, Special Judge, N.D.P.S. Act, Ambikapur, Surguja in special criminal case No. 16/2002 whereby the appellant was convicted under Section 22 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and was sentenced to R.I. for ten years and a fine of Rs. 1,00,000/-, in default to undergo additional R.I. for three years.

2. Briefly stated the prosecution case is that on 19-3-2002 Sub-Inspector Haricharan Singh P.W.8 of Police Station Ambikapur received secret information that one person was in unauthorized possession of brown-sugar. After complying with the legal formalities, along with witnesses Shahid Khan P.W.5 and Anwar Qureshi P.W. 1, he reached the spot near the school situated at Gram Asola. After giving notice under Section 50 of the Act, the appellant was searched. From his full pant, brown-sugar like substance was seized in two white coloured polythenes vide Ex.P. 5. On weighment, it weighed 10 gms. and 50 milligrams. The contents of both the packets were mixed. The packets were sealed. One white coloured fossil sheet found in cigarette pack