Akil Abdul Hamid Kureshi, J.

1. The original accused No. 1 has challenged the judgment of the Sessions Court dated 10.6.2005 in Special NDPS Case No. 5/2002 by which he was convicted for offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to rigorous imprisonment of 15 years. Fine of Rs. 1,50,000/- was also imposed.

2. Briefly stated, the prosecution version was that on 23.9.2002 at about 10:15 at night, the appellant was travelling on his motorcycle. He was intercepted by the police party. Search of the motorcycle revealed that the appellant was carrying about 5 kg and 50 grams of opium. The substance was seized and sent for forensic testing. The appellant was arrested. Case of the prosecution is that the appellant had purchased such substance from one Rameshbhai Narayanlal Sharma accused No. 2. Both the accused were therefore, charged under Exh.7 for offence under section 17 read with section 29 of the Act. Accused No. 1, as noted, was convicted. However, for want of evidence, accused No. 2 was acquitted. The State has not preferred appeal against such acquittal.

3. We may refer to the gist of