Hon'ble Dr. GOMBER, J.—This appeal is directed against the judgment and order dated 23.2.2005 passed by Special Judge, NDPS Act Cases, Dholpur in Special Sessions Case No.126/2002 whereby the accused appellant Subhan Khan S/o Harila was convicted of offences under Sections 8/18 & 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced as under:

(i) For the offence under Section 8/18 of “the NDPS Act”:

Seven years' rigorous imprisonment and a fine of Rs.75,000/- and in default thereof further one year's rigorous imprisonment.

(ii) For the offence under Section 8/20 of “the NDPS Act”:

Seven years' rigorous imprisonment and a fine of Rs.75,000/- in default thereof further one year's rigorous imprisonment.

Both sentences were to run concurrently.

2. The relevant facts of the case are that on 4.7.2002 at about 9.50 am, PW-13 Babulal, Station House Officer, P.S.-Kotwali, Dholpur was informed by an informant that two persons named Subhan Khan, Thekedar and his salesman Madanlal were illegally possessing and selling Charas, Opium and Ganja at Bhang theka shop situated at Station Road and that in Subhan Khan's rented house also contraband could be found. The SHO, after recording the information in Roznamcha at Rapat 176 and sending a copy thereof to the Superintendent of Police, proceeded alongwith his raid party towards the Bhang theka shop at 11.15 am and found two persons sitting at the shop. The Circle Officer Mania also reached at the spot as per the directions of the Superintendent of Police. In the presence of C.O. Mania, the persons sitting on the shop disclosed their names to be Subhan Khan and Madan Lal and copy of license in the name of his father Harilal for sale and possession of Dodapost (Bhang) was shown by Subhan Khan.

3. After informing them both about the secret information and also after giving them the notice of their legal right of search by a Gazetted Officer or Magistrate and obtaining their written consent for search of the shop and house, PW-13 Babulal,SHO gave his own search as well as search of the witnesses. During personal search of Subhan Khan, black solid substance which smelt and tasted like Charas was found in his shirt pocket for which he had no license. Said substance alongwith Polythene bag weighed 100 gms. Out of which two samples of 30 gms each were taken and sealed separately from the remaining which was marked as 'A' and the two samples were marked as 'A1' & 'A2'.

4. On personal search of Madanlal, no contraband was found on his person. However, on the East North side of the shop a 'takhat' was lying with a mattress on which Madanlal was sitting. A plastic bag containing black substance tasting & smelling as 'Charas' was found, which weighed 60 gms. Out of said substance also two samples of 30 gms each were taken, sealed and marked as 'B1' & 'B2'.

5. Thereafter PW-13 SHO Babulal went to the rented house of Subhan Khan. Subhan Khan entered the house by opening the latch of the main gate and unlocked the room inside with the key. He was again informed of his legal right about search in the presence of a Gazetted Officer or a Magistrate. He gave his written consent of search by PW-13 Babulal SHO. The SHO and witnesses, after giving their own search, entered the room wherein a plastic katta containing substance like Ganja was found in South East corner of the room for which Subhan Khan did not have any license. The substance weighed 2 kg 500 gms, out of which two samples of 400 gms each were taken and sealed and marked as 'C1' & 'C2' and the remaining substance was sealed as mark 'C' in the same Katta.

6. In the North East corner of the room, a plastic bag was found lying under the gunny bags which contained black solid substance smelling and tasting like Charas and weighed as 500 gms. Out of this two samples of 30 gms each were taken and sealed and marked as 'D1' & 'D2' whereas the remaining was marked as 'D'.

7. In the same room, a plastic ba

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