S. M. JAIN, J.

( 1 ) THIS appeal is directed against the Judgment dated July 27, 1987, of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under section 18 of {he Narcotic Drugs and Psycho tropic Substances Act, 1985, (hereinafter referred to as the Act), to 10 yearst R. I. and a fine of Rs. one lakh and in default of payment of fine to further undergo 1 years R. I.

( 2 ) THE prosecution case, in brief, was that on Feb. 26. 1986, Shri Swaroop Singh, Station House Officer, Bheenmal, arranged a naka-bandi near the Neel Kanth Mahadev temple on Bheenmal Joojani Road. At about 12. 30 p. m. , a motorcycle P. N. Z. 2167 came from Joojani side. Accused Shantilal was driving the said motor-cycle. The Police party made a signal to stop the cycle but the accused did not comply. He took it into the kacha, where it stopped. The accused was apprehended. He had a canvas bag which contained opium in liquid form weighing 5 Kg. and 600 gms The opium was seized and sealed. A sample of 30 gms. was taken and sent for analysis to the State Forensic Science Laboratory, Rajasthan, Jaipur. On chemical examination, it was found to contain opium having 3. 4% morph