K. S. LODHA, J.

( 1 ) THE appellant Hanuman has been convicted under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to ten years R. I. and a fine of Rs. one lakh by the learned Addi. Sessions Judge, Barmer by his judgment dated 18/2/1987. He has come up in appeal.

( 2 ) THE brief fact giving rise to this appeal are that on 28-2-86, Baney Dan, S. H. O. , Chohatan along with Kishore Singh, Head Constable and Moti Singh, Sang Singh, Utama Ram, Constables to Patrol went on the road leading towards Kalnore. While they were sitting on a culvert near the mines behind the hilloc on this road they saw a person coming from the side of shok carrying a bag in his hand. When the man came near and saw the police officer there, he took to his heels. The police officer followed him and captured him. He gave out his name as Hanuman and on the search of his bag, opium was found wrapped in a yellow poly thin paper. It was weighed and came to be 1 kilo and 200 grams. They had took out a sample weighing about 30 grams and sealed the same as also the remaining opium in a different packet along with the diary which is sa