B. C. PATEL, Y. B. BHATT, J.

( 1 ) ). The appellant-original accused being aggrieved by an order of conviction and sentence recorded against him under the provisions of Section 66a of the Bombay Prohibition Act (hereinafter referred to as the Prohibition Act) and under Section 17 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the NDPS Act) on 29 August 1989 whereby appellant is ordered to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh (in default of fine R1 for two years) under NDPS Act has preferred this appeal.

( 2 ) ). The short facts as emerges from the prosecution case are as under 2. 1 On 15th October 1986 Police Inspector Borse (PW3) of Prohibition Squad received an information that the accused residing at village Kadol is storing and dealing in opium where ordinarily cattles are being tethered. PI Borse reached the place with PSI Bharwad (PW4) Police Constable Gadhavi (PW5) Head Constable Kadve (PW6) and Constable Jethwa (PW7 ). Kanjibhai (PW1) and Amarsinhbhai (PW2) were called to assist the investigating agency as panchas. Substance of the information was explained to them and thereafter the aforesai

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