S.P. Pathak, J.-The appellant has filed this appeal against the Judgment of conviction and order of sentence dated 07.01.2000 passed by learned Special Judge, NDPS Cases, Chittorgarh in Sessions Case No.305/97, whereby the accused-appellant has been convicted under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced him to 15 years R.I. and a fine of Rs.2 lacs, in default of payment to further undergo one months R.I.

.2. Briefly stated, the facts of present case are that on 04.05.1997 Ambalal (PW. 18), while posted as Sub-inspector, Police Station Kotwali, Chittorgarh, received a secret information Exhibit P/10 from Mukhbir that one Ambassador car bearing No.RJ-27C-1802 containing opium will be passing through Chittorgarh. On that day, SHO of the police station was Shri Ganpat Singh (PW. 19) but since there was visit of one of the State Ministers of Rajasthan, he had gone out at about 6:00 AM on the security duty of that State Minister and the charge of Police Station, Kotwali was handed over to Ambalal(PW. 18). Entry in Rojnamcha register Exhibit P/24 was made in this regard. The secret information from Mukhbir, which was received at about 10:00 AM was entered in Rojanamcha Exhibit P/25 and the secret information (Exhibit P/10) was sent to S.P., Chittorgarh vide dispatch No.5171-72 through Constable Thawar Chand(PW. 8), who after handing-over the same to the S.P. and Dy.S.P. Circle Chittorgarh, obtained carbon copy of the same, which is Exhibit P/11. Ambalal (PW. 18) on the basis

.of the secret information started from police station along with Babulal ASI, Satya Narayan ASI, Bhagwanlal HC No. 560, Satya Narain Constable No. 1278, Devendra Singh Constable No. 735 and Prema Ram Constable No. 271 for Nakabandi. Motbirs were also intimated about the said information, who in the present case are Ramavtar (PW. 9) and Jagdish Paliwal (PW. 17).

3. During the course of Nakabandi, at about 10:30 AM one black Ambassador car bearing NO. RJ-27C-1802 was seen coming from Gambhir river over-bridge which was stopped. The car was stopped and on asking about his name to the driver of the car, he disclosed it as Ramlal s/o Shankerlal. Accused Ramlal was then informed about the secret information and told that there was an information that there was opium in his car and for that search was to be undertaken. The accused was given notice Exhibit P/14 under Section 50 of the Act and was asked whether he wanted the search to be taken by a Magistrate or a gazetted officer or to the police officials and in turn he showed his willingness to give search to Ambalal (PW. 18). The accused also agreed for the search of his car by Ambalal (PW. 18). Before search, on account of paucity of time, though warrant was not obtained as required under Section 42 of the Act, a memo Exhibit P/13 was prepared mentioning reasons therein for not obtaining the same. PW. 18 Ambalal, thereafter gave his search to the Motbir witnesses. Search of remaining police personnel of raiding party was also taken by the Motbir witnesses. After that when the car was searched, nothing was found in the car but smell of opium was felt thereby the raiding party. The accused was then asked to open the dashboard of the car and on opening of the same in an empty space a cloth bag was seen which was stitched by niddle and thread. On opening the bag, five ragzin bags were found, the mouth of which were tightened by thread and when same were further opened then polythene bags were found therein and when those black polythene bags were opened, black thick material was found in them. All the five bags contained black thick material. On the basis of smell and touch, the material was found to be opium by the raiding party. Accused Ramlal was asked about the licence for transporting the contraband material. The accused replied that opium was of one Ratanlal, resident of Vijaypur, who got down from the car in the town on