1. - This appeal has been preferred against the judgment of conviction and sentence under Sections 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred as 'NDPS Act') passed by learned special Judge, Narcotic Drugs And Psychotropic Substances Act Cases, Banswara on 5.12.95 in special case No. 12/93.

2. The prosecution case is that the Circle Inspector, Police Station, Banswara Shri Shantilal got Mukhbir information that a person has come from Danpur with opium. Circle Inspector Shri Shantilal with his staff and motbir witnesses reached at the place Kagdi and found the appellant sitting with a plastic bag in his left hand. After giving him the option under Section 50 of Narcotic Drugs And Psychotropic Substances Act and taking his consent, search was made, 490 grams opium was recovered from the plastic bag. Two samples of 25 grams each were taken and sealed and remaining article was separately sealed on the spot. Aster preparing all necessary documents and arrest of the appellant and completing the investigation, challan was filed against the appellant.

3. Learned Counsel for the petitioner has argued that prosecution has not proved that the sam